Zakiruddin Sk. v. State Of West Bengal And ANR

25.06.2024 Court No.29 Item No. 4 sg CRA (DB) 362 of 2023 CRAN 1 of 2023 Zakiruddin Sk.

Versus

State of West Bengal Mr. Subhajit Chowdhury ...for the appellant Mr. Debasish Roy, ld. APP Mr. Partha Pratim Das Mrs. Manasi Roy ...for the State

1. In view of the judgment passed by a co-ordinate Bench on 19th July, 2022, affirming the judgment as passed by the learned Additional Sessions Judge, 2nd Court, Alipore, South 24-Parganas, in Special S.T. Case No. 12(11) of 2016 arising out of a Special S.T. Case No. 45 of 2016 affirming the judgment under appeal, this appeal is not maintainable.

2. The issue has already been decided by the Appellate Court. This appeal has been filed on 24th November, 2023 challenging the self-same judgment.

3. The learned Counsel for the appellant submits that the appeal is still showing as pending and by inadvertence, this appeal has been preferred.

4. The learned Registrar Listing is directed to verify the record and in the event the appeal is showing as pending, shall make necessary rectification in the record.

5. The appeal stands dismissed as not maintainable.

6. The LCR shall be returned forthwith.

(Soumen Sen, J.) (Uday Kumar, J.)