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Calcutta High CourtCRMSPL/8/2022dismissed as infructuous

Kamal Kumar Karmakar@Kamal Karmakar v. The State Of West Bengal And ORS

2023-12-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray1 pages

In the High Court at Calcutta Circuit Bench At Jalpaiguri 04.12.2023 sdas dismissed CRMSPL 8 of 2022 In Re:- An application for Special Leave to Appeal under Section 378(4) of the Code of Criminal Procedure.

And In Re : Sri Kamal Kumar Karmakar @ Kamal Karmakar ..... petitioner

1. Nobody appears.

2. In view of law declared in Mallikarjun Kodagali vs. State of Karnataka & Ors.1 no leave is required to prefer appeal under the proviso to Section 372(2) of the Code of Criminal Procedure. Accordingly, application for special leave to appeal is dismissed as not maintainable.

3. Certified copy be returned to the petitioner to take necessary steps, if so advised.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) 1 (2019) 2 SCC 752