Subhas Tulsyan v. Sandip Jalan

06.03.2024 Court No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE CRMSPL 15 of 2024 Subhas Tulsyan -versusSandip Jalan & Anr.

Mr. Swapan Mallick Mr. Amitava Pain ... For the petitioner/appellant 1.

This special leave to appeal under Section 378(4) of the Code of Criminal Procedure is filed with a prayer for granting leave to file appeal against the judgment dated 11th January, 2024 passed by the learned Judicial Magistrate, 1st Court, Howrah in connection with Complaint Case No.190 of 2012 whereby the learned Magistrate acquitted the accused of the charges under Sections 427/506 of the Indian Penal Code.

2.

Learned advocate on behalf of the petitioner/appellant has submitted that the learned Magistrate returned his finding without proper evaluation of evidence on record. Learned advocate on behalf of the petitioner/appellant has emphasised on the evidences of PW-2 and PW-3.

3.

I have carefully perused the impugned judgment, leave is granted.

4.

The petitioner/appellant is at liberty to prefer an appeal within the statutory period.

5.

With the aforesaid observation, CRMSPL 15 of 2024 stands disposed of.

6.

Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities. (Bibhas Ranjan De, J.)