Bamapada Das Alias Biplab v. State Of West Bengal And ANR

06.10.

CRMSPL 57 of 2023 IA NO: CRAN 1 of 2023 Ct Bamapada Das @ Biplab rup Vs.

State of West Bengal & Anr.

Mr. Dinendra Nath Chatterjee, Mr. M. Mondal ... for the appellant.

Mr. Binoy Kumar Panda, Mr. Subham Bhakat ... for the State. IA NO: CRAN 1 of 2023

1. Affidavit of service filed by the petitioner be kept with the record.

2. The application for condonation of delay is taken up for hearing.

3. Learned counsel appearing on behalf of the appellant has submitted that there is a delay of 320 days in filing this special leave petition.

4. It is further submitted that earlier criminal revision was filed challenging the order of acquittal dated 24.08.2022 passed by the learned Chief Judicial Magistrate, Raghunathpur, Purulia in connection with G.R. Case No. 611 of 2019 for the offence punishable under Sections 341/320/506 of the Indian Penal Code.

5. In support of his contention, Mr. Dinendra Nath Chatterjee, learned advocate appearing on behalf of the appellant has referred to the order dated 9th August, 2023 passed by the Co-ordinate Bench of this Court in connection with CRR 4534 of 2022 dismissing the application being not pressed.

6. Considering the explanation given in the petition, the delay is condoned.

7. The prayer for condonation of delay under Section 5 of the Limitation Act stands allowed.

Accordingly CRAN 1 of 2023 stands disposed of. CRMSPL 57 of 2023

8. This instant special leave petition has been preferred to file an appeal against the judgment and order of acquittal dated 24.08.2022 passed by the learned Chief Judicial Magistrate, Raghunathpur, Purulia in connection with G.R. Case No. 611 of 2019 for the offence punishable under Section 341/320/506 of the Indian Penal Code.

9. After hearing learned advocate appearing on behalf of the appellant as well as on careful perusal of the judgment, the prayer for Special Leave to Appeal is allowed.

10.

Thus, leave is granted to the petitioner to file appeal within the statutory period.

11.

Accordingly Special Leave Petition stands disposed

of.

12.

All parties to this special leave petition shall act on the server copy of this order downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)