Sk. Asmat Ali @ Sk. Asmad & Anr vs Unknown
2021 Latest Caselaw 3576 Cal

05.07.2021

Mithun Ct.No.42.

CRA/195/2021

(Via Video Conference)

In re: An application for admission of appeal under Section 374(2) of the Code of Criminal Procedure.

In the matter of: Sk. Asmat Ali @ Sk. Asmad & Anr.

...Appellants.

Mr.Suman De, Adv.

...for the appellants.

It is submitted by the learned Advocate for the appellants

that the instant appeal was filed before this Court inadvertently

and wrongly. The appeal ought to have been filed before the

learned Sessions Judge.

I have perused the impugned judgment. I am also of the

view that the instant appeal ought to have been filed before the

learned Sessions Judge having jurisdiction to try the appeal.

Therefore, the memorandum of appeal be returned to the

learned Advocate-on-record for the appellants.

The instant appeal be treated as disposed of on the

ground that the Court of the learned Sessions Judge has the

jurisdiction to try the appeal.

( Bibek Chaudhuri, J. )