Biplab Kr Mitra v. Ashok Kr Nath

16.08.2022 Item no. 12 Court No.06 S.De.

C.R.R. 317 of 2014 With I.A. No.CRAN/1/2014 (Old No.CRAN/443/2014) In the matter of : Biplab Kumar Mitra.

......Petitioner.

None appears on behalf of either of the parties on call. On perusal of the record, it appears that on several previous occasions none appeared either for the petitioner or the opposite parties when the matter was called on. Hence, without wasting any further time, the case is taken up for delivering order in absence of parties. The petitioner has filed the instant revisional case along with an application under Section 5 of the Limitation Act (CRAN 443 of 2014) to pray for an order of this Court of condonation of delay of fifty four days in filing the instant criminal revisional case. Perused the contentions thereof, the grounds pleaded are found not to be sufficient. The reason of delay has not been explained sufficiently, being supported by cogent material. Hence, the petitioner's application under Section 5 of the Limitation Act does not merit success.

It is ordered that application under Section 5 of the Limitation Act filed by the petitioner being CRAN 443 of 2014 is dismissed. Accordingly, the present revisional application being CRR 317 of 2014 is also dismissed.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance with all the necessary formalities. [Rai Chattopadhyay, J.]