Susanta Khan @ Susanta Kumar Khan vs Benu Kumar Saudagar
2021 Latest Caselaw 2537 Cal

6.4.2021 ks.

Ct. 42, sl.43 CRR 450 of 2021

Susanta Khan @ Susanta Kumar Khan vs Benu Kumar Saudagar

Mr. Arindam Das, Md. Bani Israil ... For Petitioner.

This revisional application under Article 227 of the

Constitution of India is against the appellate judgment dated 17th

August, 2019 affirming the order of conviction passed by the

learned Magistrate dated 10th December, 2013 in complaint Case

No.541 of 2007 under Section 500 IPC.

Mr. Das, learned Advocate for the petitioner submits that

learned Appellate Court disposed of the appeal ex parte without

affording the appellant an opportunity of hearing adverting to 2nd

paragraph of page 3 of the impugned judgment. Admittedly, the

appeal was preferred in 2014 against the order of conviction

dated 10th December, 2013. The appeal was kept pending for

about five years, and upon consideration of the long pendency of

this appeal, the Appellate Court proceeded to dispose of the case

addressing the merits of this case. After disposal of the appeal, a

direction was there upon the convict/appellant/petitioner to

surrender before the trial court within one month from the date

of passing of this order.

Copy of the revisional application has not been served upon

the opposite party.

Petitioner is directed to serve copy of this revisional

application upon the opposite party by Speed Post with A.D. and

furnish affidavit-of-service on the next date of hearing.

Pendency of this application will not stop the learned

Magistrate from issuing any warrant of arrest against the

petitioner/convict/appellant upon making adherence to the

provisions of law.

Matter to appear in the list under the heading "Contested

Application" four week after.

(Subhasis Dasgupta, J.)