Dr. Lal Mohammad Khan & ANR v. C.B.I.

16.10.2023 cm

IN THE HIGH COURT AT CALCUTTA

Criminal Appellate Jurisdiction CRR 1503 of 2008 With CRAN 3 of 2023 With CRAN 2 of 2023 In the matter of : Dr. Lal Mohammad Khan & Anr. .... petitioners.

Mr. Sekhar Kumar Basu, Sr. Adv.

Ms. Shyanti Poddar Mr. Sayan Das .... for the petitioner.

In Re: CRAN 3 of 2023 None appears for the opposite party.

The application under Section 5 of the limitation Act has been taken up for hearing based on the averments in the application being CRAN 2 of 2023 the delay of 750 days in filing of the aforesaid application and the same is condoned. The application being CRAN 3 of 2023 is allowed. In Re: CRAN 2 of 2023 This is an application for restoration of a criminal revision by recalling the order of dismissal dated 05.08.2021. The averments in the application delineated sufficient cause for failure of the instant criminal revisional application to be represented on the relevant date.

In view of the above, for the ends of justice, the restoration application being CRAN 2 of 2023 stands allowed.

The criminal revisional application stands restored to its original file.

The learned advocate for the petitioner is directed to serve notice intimating the next date of hearing as well as copy of the revisional application upon the opposite party prior to the next date.

Let the matter be fixed on 2nd February, 2024. Parties to act on a server copy of this order duly downloaded from the official website of this Court. (Ananya Bandyopadhyay, J.)