Manindra Nath Mondal & Ors vs Unknown
2021 Latest Caselaw 5646 Cal

10.11.2021 Item No.02 suman Ct.25 (Via Video Conference)

CRA 257 of 2021 With CRAN 1 of 2021 (Not in file)

In the matter of: Manindra Nath Mondal & Ors.

Mr. Ranajoy Chatterjee Mr. S. Bera ...for the appellant

It appears from the office report that the

appellants have preferred the instant appeal "in time

and in form" but on perusal of the date of delivery of

judgment and the date of filing the appeal it is

ascertained that the appeal is not filed within the

statutory period of limitation.

Now-a-days, it is often found by this Court

that the Assistant Registrar, Criminal Appeal Section

without application of mind and calculation of

limitation simply uses a rubber stamp to state that

the appeal is filed in time. Such action is

deprecated.

Assistant Registrar, Criminal Appeal Section

is hereby cautioned and advised to check whether

the appeal is filed within the time of limitation.

Let a plain copy of this order be sent to the

Assistant Registrar, Criminal Appeal Section through

the Assistant Court Officer of this Court.

The learned advocate for the appellant has

prayed for two weeks time to enable the appellant to

file appropriate application for condonation of delay.

The appellant is at liberty to file the

application by 25th November, 2021. The matter be

listed immediately after filing of such application.

(Bibek Chaudhuri, J.)