Subrata Dasgupta vs Unknown
2021 Latest Caselaw 3616 Cal

06.07.2021
  Sl. No. 13.
 Mithun
 Ct.No.42.
                                       CRMSPL/8/2021

                                    (Via Video Conference)

                In re: An application praying for Special Leave to Appeal under
                Section 378(4) of the Code of Criminal Procedure, 1973.

                In the matter of:    Subrata Dasgupta .
                                                                      ...petitioner.

                Mr.Anirban Dutta, Adv.
                Mr.Sayantan Sinha, Adv.
                                                                ...for the petitioner.

                      This is an application praying for special leave to file

                appeal against the judgment and order of acquittal passed by

                the learned Judge, 1st Fast Track Court, City Sessions Court

                reversing the judgment and order of conviction passed by the

                Trial Court against the respondent/accused.

Right to appeal by the complainant survive under Section

378(4) when an order of acquittal is passed in any case

instituted upon complaint and specially if the order of acquittal

is passed by the lower appellate court reversing the order of

conviction passed by the trial Court.

Under such circumstances, the instant application for

special leave to file appeal is allowed.

The de facto complainant is at liberty to file memorandum

of appeal within 30 days from the date of this order.

( Bibek Chaudhuri, J. )