Sk Eklash Ali v. State Of West Bengal And ORS.

19.09.2023 Court : 237 Item : 34 Matter : CRMSPL Status : DO Bench Id : 265937 Transcriber : NANDY CRMSPL 49 of 2023 with CRAN 1 of 2023 Sk. Eklash Ali Vs.

The State of West Bengal & Ors.

Ms. Devipriya Mitra, Advocate ......for the Petitioner Mr. Bidyut Kumar Ray, Advocate Ms. Rita Dutta, Advocate ......for the Opposite Party CRAN 1 of 2023 1.

Affidavit of service is filed and taken on record. 2.

It is found that notice was served upon all the opposite parties.

3.

None appears for the private opposite party. State is represented.

4.

The application for condonation of delay of 74 days is taken up for hearing.

5.

Learned advocate appearing on behalf of the petitioner has referred to paragraph 9 of the said application wherein it was stated that the petitioner was completely unaware of the judgment and order of acquittal passed by the learned Additional Chief Judicial magistrate, Uluberia in G.R. Case No. 251 of 1999 (New G.R. Case No. 425 of 205) corresponding to Bongaon Police Station Case No. 37 of 1999. 6.

Considering the explanation given in paragraph 9, the prayer for condonation of delay is allowed.

7.

The application for condonation of delay being CRAN 1 of 2023 is accordingly disposed of.

CRMSPL 49 of 2023 8.

The Special Leave Petition is filed with a prayer for leave to file appeal challenging the judgment and order of acquittal dated 13.04.2023 passed by the learned Additional Chief Judicial magistrate, Uluberia in G.R. Case No. 251 of 1999 (New G.R. Case No. 425 of

205) arising out of Bongaon Police Station Case No. 9.

Leave is granted.

10. Petitioner is directed to file the appeal within the statutory period of limitation.

11. CRMSPL 49 of 2023 accordingly stands disposed of. (Bibhas Ranjan De, J)