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Calcutta High CourtCRA/339/1994dismissed for default

Mahadev Mondal v. Jahar Roy

2022-06-30Hon'Ble Justice Shampa Dutt (Paul)2 pages

CRA 339 of 1994 With IA No. CRAN 1 of 2000 (Old No. CRAN 474 of 2000) 30.06.2022 Court No.04 Item No.12 Ab Mahadev Mondal Vs.

Jahar Roy.

Mr. N. P. Agarwal, Mr. Raju Mondal.

... for the State.

In spite of repeated intimation, the learned Advocate for the appellant has failed to turn up before this Court even today. This is an appeal of the year 1994 against an order of acquittal for offence punishable under Sections 147/447/323/379 of the Indian Penal Code passed by the learned Chief Judicial Magistrate, Purulia vide judgment dated 29th June 294 in Complaint Case No. 81 of 1990.

Learned trial Court found the accused persons not guilty and acquitted them under Section 248(1) of the Code of Criminal Procedure.

Considering the fact that the alleged incident occurred in the year 1990, the judgment was passed in the year 1994 and the appeal from acquittal was preferred in the year 1994, this Court has no other option but to dismiss the appeal for default. Accordingly, the instant appeal and the connected application are dismissed for default.

(Shampa Dutt (Paul), J.)