Ajit Sutradhar @ Ajit Kumar Sutradhar v. State Of West Bengal And ORS.

CRMSPL 24 of 2024 With CRAN 1 of 2024 Ajit Sutradhar @ Ajit Kumar Sutradhar

Versus

State of West Bengal and others Ms. Aiswarjya Gupta Ms. Priyanka Saha Ms. Maitrayee Chatterjee.

...for the petitioner.

Mr. Rudradipta Nandy Mr. Arani Bhattacharyya.

...for the State.

Mr. Arvind Kumar Singh Mr. Srinjay Das.

...for the opposite party nos.2 and 3.

An application has been filed under Section 5 of the D/L16 27.06.2024 Bpg.

Limitation Act in respect of a Special Leave to Appeal under Section 378(4) of the Code of Criminal Procedure. In the cause title it reflects that the grievance of the petitioner is in respect of an order of acquittal of Purulia (T) Police Station Case No.123 of 2009 dated 24.10.2009. As the subject matter of the litigation refers to a police case and if an order of acquittal is subject matter of grievance, an appeal will lie under Section 372 of the Code of Criminal Procedure. Having considered that the order of acquittal was passed by the learned Judicial Magistrate, 2nd Court, Purulia, I am of the opinion that an appeal under Section 372 of the Code of Criminal Procedure should be preferred before the learned District and Sessions Judge, Purulia.

The appellant/applicant is granted liberty to prefer the appeal before the appropriate forum. In case there is a delay, the period of pendency before this Court should be considered by the learned Sessions Judge at the time of admission of the appeal. Consequently, the application being CRAN 1 of 2024 and CRMSPL 24 of 2024 is dismissed.

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

(Tirthankar Ghosh, J.)