Ashoke Chowdhury @ Jhantu vs Unknown
2022 Latest Caselaw 250 Cal

01.02.2022 S.D.

29.

C.R.A. 405 of 2001

In the matter of: Ashoke Chowdhury @ Jhantu ......Appellant.

Mr. Pratick Bose ...For the State.

Mr. Pratick Bose, learned advocate who usually appears for the

State is present and is representing the State in this appeal.

The concerned authority is required to regularize his appointment.

None appears for the appellant.

On perusal of the record, it appears that the appeal was preferred

under Section 374(2) of the Cr.P.C. against judgment and order dated

23.8.2001 whereby the appellant was convicted and sentenced to rigorous

imprisonment for 7 years and to pay a fine of Rs.500/-; in default to suffer

further rigorous imprisonment for three months for the offence under

Section 395 read with Section 397 of the IPC, passed by learned

Additional Sessions Judge, 10th Court, Alipore in Sessions Trial No. 1(1)

of 2000.

On 16.9.2021, an order was passed by this Court directing the

Registrar to issue administrative notice for personal appearance of the

convict/appellant before this Court. The Registry was further directed to

inform the learned advocate for the appellant on record and learned

Public Prosecutor about the next date.

Received report from the Registry informing that notices were

serviced upon Mr. Supriya Roychowdhury, learned advocate for the

appellant and learned Public Prosecutor, High Court, Kolkata. The notice

has been returned unserved from the officer-in- charge Khardah Police

Station informing that the addressee Ashoke Chowdhury @ Jhantu was

not found at the given address and that after bifurcation of Khardah

Police Station, the given address "Railway Jhupri, New Barrackpore, P.S.

Khardah, Dist. 24 Parganas (North)" lies within the jurisdiction of New

Barrackpore Police Commissionerate. None appears for the appellant.

Considered the report.

Registry is directed to issue fresh notice to convict Ashoke

Chowdhury @ Jhantu c/o Late Ashis Chowdhury at the given address to

be served through Officer-in-Charge, New Barrackpore Police Station

who shall ensure the attendance of Ashoka Chowdhury before this court

on 25.02.2022.

The record reveals that after conviction of the appellant, a bail

application was filed before this Court and on 22.5.2003, the prayer was

allowed in CRAN 610 of 2003.

Let the matter be listed on 25.2.2022 for compliance and ensuring

the attendance of the appellant before this Court for hearing.

(Ananda Kumar Mukherjee, J.)