Bharat Singh v. I. U Lokeswara Rao And ANR

17.09.2021 mb In the High Court at Calcutta Criminal Appellate Jurisdiction C.R.A. 226 of 2018 In Re.: An application under Section 374(2) of the Code of Criminal Procedure.

In the matter of : Sanatan Barman ......appellant Mr. Ajay Chaubey, Ms. Shakshi Rathi, Mr. Amajit De ...for the appellant Mr. Sandip Chakraborty ...for the State It is pointed out rightly by learned Counsel for the State at the outset that the appeal is not maintainable before this Court in view of the specific language of Section 374(3)(a) read with sub-section (2) of the Code of Criminal Procedure against an order of conviction passed by a Metropolitan Magistrate.

Accordingly, C.R.A. 226 of 2018 is dismissed as not maintainable with liberty to the appellant to approach the appropriate forum by preferring the appeal on similar grounds as taken in the present appeal.

Leave is granted to the learned Advocate-on-Record of the appellant to take out the certified copy of the impugned order upon supply of a duly attested photocopy thereof.

(Sabyasachi Bhattacharyya, J.)