Ashis Dutta & ORS v. State Of West Bengal & ANR

28.03.2024 cm CRR 1113 of 2009 With CRAN 1 of 2023 With CRAN 2 of 2023 In Re : Ashis Dutta & Ors.

.... petitioners.

Ms. Tapan Dutta Gupta Ms. Ipsita Ghosh .... for the petitioners.

Mr. Pravas Bhattacharyya Mr. M.F.A. Begg ... for the State In Re: CRAN 2 of 2023 The affidavit of service filed in Court today be kept on record.

Despite service of notice, the opposite party No. 2 is not present before the Court.

The application under Section 5 of the limitation Act has been taken up for hearing wherefrom it appears that there is a delay of 699 days and the same is condoned.

The application being CRAN 2 of 2023 is allowed. In Re: CRAN 1 of 2023 This is an application for restoration of a criminal revision by recalling the order of dismissal dated 26.08.2021. On perusal of the averments made in the application it appears that sufficient cause has been made out, as to why the

criminal revision was prevented for being represented on the day.

In view of the above, for the ends of justice, the restoration application being CRAN 1 of 2023 stands allowed. The criminal revisional application stands restored to its original file with number.

The learned advocate for the State is directed to intimate the concerned police station to ensure the personal appearance of the opposite party No. 2 before the Court on the next date of hearing.

The learned advocate for the petitioner is directed to serve copy of the revisional application along with annexed documents if any upon the learned advocate for the State prior to the next date of hearing.

Let the matter be fixed on 17th June, 2024.

Copy of the order sent to the department for due compliance.

(Ananya Bandyopadhyay, J.)