Pradip Kumar Gupta vs State Of West Bengal & Anr
2022 Latest Caselaw 4415 Cal

19.07.2022
Item No.29
Ct. No.35
Saswata
                                          CRR 92 of 2019
                                               with
                                          CRAN 1 of 2019
                                      (Old CRAN 149 of 2019)

                                         Pradip Kumar Gupta
                                                  -vs-
                                      State of West Bengal & Anr.

                     Mr. Sanat Kumar Das
                     Mr. Sujan Chatterjee
                     Mr. Satadru Lahiri
                                        ... for the petitioner

                     Mr. Swapan Banerjee
                     Ms. Purnima Ghosh
                                       ... for the State

                     Mr. Shubham Gupta
                                     ... for the OP no. 2

                     Mr. K.P.Tiwari
                                          ... for OP no. 3

                                         In re : CRAN 1 of 2019

                     Learned advocates for the petitioner as well as opposite party

             nos. 2 and 3 are present. Affidavit of service filed by learned advocate

             for the petitioner is taken on record.

                     It appears that service in respect of opposite party members is

             complete and notice of the same has been served upon the learned

             Public Prosecutor, High Court at Calcutta.

                     Learned advocate for the petitioner submitted that after filing

             of the writ petition, the same was dismissed for default and it was

             subsequently restored on 17.02.2020. It is further submitted that

             there has been a delay of 69 days in filing the revisional application

             which was initially stated as 155 days.

                     The petitioner clarified his position by filing supplementary

             affidavit, copy of which has been served upon the learned advocate for

             the opposite party nos. 2 and 3.
         Considered the submission.

        The petitioner has filed this revisional application under

Sections 401 and 482 of the Cr.P.C., assailing a judgment and order

dated 04.08.2018, passed by learned Additional District and Sessions

judge, Bench II, City Sessions Court , Bichar Bhawan, Calcutta in

Criminal Revision no. 62 of 2018 thereby affirming the order dated

15.12.2017

passed by the Learned Additional Chief Metropolitan

Magistrate, Calcutta in connection with Jorabagan P.S. case no. 176

of 2016.

The revisional application was filed on 11.01.2019. It is

submitted on behalf of the petitioner that there was a delay in

receiving the certified copy for which the revisional application could

not be filed in time. Considering the submission, it appears to me

that the delay has been well explained by the petitioner.

Accordingly, the delay is condoned and the application under

Section 5 of the Limitation Act is allowed and the revisional

application is admitted. CRAN No. 1 of 2019 is disposed of.

Let the matter be listed under the heading "contested

application" in the monthly list of August.

(Ananda Kumar Mukherjee, J.)