Rajesh Bose @ Rajes Bose v. State Of West Bengal & ANR.

04.03.2022 Sl. No. 15 Srimanta Ct.No.42 IA No.:CRAN/1/2017 (Old No.:CRAN/2912/2017) in CRMSPL/53/2017 (Via Video Conference) In Re : An application for special leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973. In the matter of : Sri Rajesh Bose @ Rajes Bose ...appellant/petitioner.

The application for special leave to appeal was filed after the expiry of the period of limitation. Subsequently, an application under Section 5 of the Limitation Act was filed by the petitioner on 10th July, 2017. The matter appeared in the list of a Coordinate Bench on 5th September, 2017. It is found from the said order that the petitioner failed to effect service of notice of the application under Section 5 of the Limitation Act upon the opposite parties. None appears on behalf of the petitioner. I do not find any affidavit-of-service in record which shows service of notice of the application under Section 5 of the Limitation Act upon the opposite parties. The conduct of the petitioner reasonably suggests that he is not willing to proceed with the case. Therefore, the application under Section 5 of the Limitation Act is dismissed for non-prosecution.

Consequently, the application for special leave to appeal is also dismissed being barred by limitation. ( Bibek Chaudhuri, J. )