Surya Narayan Rakshit vs Unknown
2022 Latest Caselaw 207 Cal

27.01.2022 Sl. No. 28.

Mithun Ct.No.42.

IA No: CRAN/1/2016 (Old No:CRAN/4932/2016) In CRA 318 of 2016

(Via Video Conference)

In re: An application under Section 378(4) of the Code of Criminal Procedure, 1973.

In the matter of : Surya Narayan Rakshit.

...Appellant.

The instant appeal has been filed against a judgment

passed by the learned Judge, Special Court-cum-Additional

District & Sessions Judge, Alipore at South 24 Parganas in

Criminal Motion No.314 of 2015. The above-mentioned

Criminal Motion arose out of an application under Section

397/399 of the Indian Penal Code. The revisional jurisdiction

of the Sessions Court and this Court is concurrent. No appeal

lies against the order passed in revision by the learned Sessions

Judge.

Therefore, the instant appeal is not maintainable.

Moreover, the memorandum of appeal is barred by limitation.

On that ground also the appeal is held to be not maintainable.

Accordingly, the instant appeal is summarily dismissed

being not maintainable.

( Bibek Chaudhuri, J. )