Sk Asmat Ali@Sk Asmad And ANR v. State Of West Bengal And ANR
05.07.2021 Sl. No. 04 Mithun Ct.No.42.
CRA/195/2021 (Via Video Conference) In re: An application for admission of appeal under Section 374(2) of the Code of Criminal Procedure.
In the matter of:
Sk. Asmat Ali @ Sk. Asmad & Anr.
...Appellants.
Mr.Suman De, Adv.
...for the appellants.
It is submitted by the learned Advocate for the appellants that the instant appeal was filed before this Court inadvertently and wrongly. The appeal ought to have been filed before the learned Sessions Judge.
I have perused the impugned judgment. I am also of the view that the instant appeal ought to have been filed before the learned Sessions Judge having jurisdiction to try the appeal. Therefore, the memorandum of appeal be returned to the learned Advocate-on-record for the appellants. The instant appeal be treated as disposed of on the ground that the Court of the learned Sessions Judge has the jurisdiction to try the appeal.
( Bibek Chaudhuri, J. )