Kishan Kandoi v. Sanjay Saha

19.09.2022

IN THE HIGH COURT AT CALCUTTA

Item No.38 CRIMINAL APPELLATE JURISDICTION Ct.No.34 dc.

CRMSPL 53 of 2022 with CRAN 1 of 2022 Shri Kishan Kandoi versus Mr. Sanjay Saha In Re: An Application under Section 378(4) of the Code of Criminal Procedure, 1973.

Mr. Anirban Mitra, Mr. Amit Halder, Mr. Akash Ghosh, Md. Wasim Akram ... For the Appellant/Applicant.

Re: CRAN 1 of 2022 (an application under Section 5 of the Limitation Act) Affidavit-of-service filed in Court today be kept on record.

There has been delay of 55 days in preferring the special leave to appeal. The grounds stated in paragraph 4 of the application for condonation of delay are found to be just and sufficient. Accordingly, delay, as prayed for, is condoned. The application being CRAN 1 of 2022 is, thus, allowed. Re: CRMSPL 53 of 2022 The grievance of the appellant is that the complaint was dismissed for non-appearance of the applicant under Section 256 of the Code of Criminal Procedure. Having regard to the reasons so assigned, I am of the opinion that the

appellant/applicant must be granted an opportunity to prefer memorandum of appeal.

The appellant/applicant is directed to prefer the appeal within a period of 30 days from date.

CRMSPL 53 of 2022 is, thus, allowed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)