Kanailal Roy @ K L Roy v. Assistant Director,Directorate Of Enforcement & ANR

27.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.2 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 839 of 2020 with CRAN 1 of 2020 (Old No. CRAN 1080 of 2020) Kanailal Roy alias K. L. Roy versus Assistant Director, Directorate of Enforcement & Anr. In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Abhra Mukherjee, Mr. Amit Halder, Md. Wasim Akram ... For the Petitioner.

Re: CRAN 1 of 2020 (Old No. CRAN 1080 of 2020) (an application under Section 5 of the Limitation Act) Affidavit-of-service filed in Court today be kept on record.

In spite of service, none appears on behalf of the opposite parties.

Mr. Mukherjee, learned advocate appearing for the petitioner prays for condonation of delay of 64 days in preferring this revisional application.

The reasons so assigned in the application for condonation of delay are found to be just and sufficient. Accordingly, delay is condoned. The application being CRAN 1 of 2020 (Old No. CRAN 1080 of 2020) is, thus, allowed. Re: CRR 839 of 2020 This revisional application was preferred challenging the order dated 03.10.2019 wherein the learned Judge, Special Court was pleased to reject the prayer for discharge.

Having regard to the contentions advanced in this revisional application, I am of the opinion that as the same relate to mixed question of facts and law, the petitioner would be at liberty to canvass such points in course of trial and at the stage of final argument of the case.

With the aforesaid observations, the revisional application being CRR 839 of 2020 is disposed of. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)