Smt. Saroj Agarwal vs State Of West Bengal & Ors
2021 Latest Caselaw 4771 Cal

D/L27. C.R.R. No. 1650 of 2012 September (Via Video Conference) 13, 2021 Bpg.

In Re: An application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

Smt. Saroj Agarwal Versus State of West Bengal & Ors.

Mr. Bibhasaditya Chakraborty.

...for the petitioner.

Mr. Chakraborty, learned advocate appearing for the

petitioner expresses his grievances regarding the order of acquittal

which was passed by the learned ACJM, Bidhannagar on 28.6.2010

and affirmed by a judgment and order dated 29.02.2012 in Criminal

Appeal No.13 of 2011 by the learned Additional Sessions Judge,

Fast Track Court No.1, North 24 Parganas, Barasat.

Having regard to the contentions which has been

advanced by the petitioner, I am of the opinion that it is very

difficult to interfere at this belated stage in view of the settled

principles of law. The Hon'ble Apex Court has categorically observed

that in case of acquittal, the High Court must be aware regarding

the fact that the plea of innocence of an accused is already fortified

by judgment and order of acquittal of trial court. In this case, it is

not only the judgment and order of trial court which has acquitted,

but the same has been affirmed by the appellate court also. No

manifest error or illegality which touches the root of the case could

be pointed out. Records also reflect that initial order of acquittal

was passed in the year 2010, almost eleven years ago.

Having regard to the cumulative set of circumstances

appearing before this Court, I am not inclined to interfere at this

belated stage with an order of acquittal.

Accordingly, CRR 1650 of 2012 is dismissed.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

Department is directed to send back the lower court

records forthwith.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)