CRA/363/2016
2022 Latest Caselaw 3091 Cal

07.06.2022
 Sl. No.1
  akd
                                            C. R. A. 363 of 2016
                                             (CRAN 3 of 2022)

             In Re : Bistu Das                         ... Appellant


                       Mr. Moinak Bakshi
                                                  ... ... for the appellant

                       Ms. Zareen N. Khan
                       Md. Kutubuddin
                                                  ... ... for the State



                          Perused report of the learned Additional District & Sessions

             Judge, Ranaghat, Nadia wherein it is stated copy of the judgment

             delivered by this court on 07.02.2022 had not been sent down to the

             court below with the lower court records through speed post

             No.EW199567565IN dated 18.02.2022. On the other hand, copy of the

             judgment was received by the court below on 11.03.2022.

                          Dispatch Register maintained by this court in the ordinary

             course of business, however, records as follows :-

             166 Cr.     Ld. Additional District and    Four (04) files vide Memo No. 633
                                                                                 rd
             (I)         Sessions Judge, Ranaghat,      dated, Ranaghat the 23 June, 2016
                         Nadia                          with reference to S.C. No.78(8) 2008,
                                                        S.T. No.2(7) 2009 with copy of judgment
                                                        dated 07.02.2022 (10 pages) by Hon'ble
                                                        Justice Joymalya Bagchi, J. & Hon'ble
                                                        Ananda Kumar Mukherjee, J.

In view of the notings in the Dispatch Register which, inter

alia, shows copy of the judgment delivered by this court had been

dispatched along with the lower court records, we are unable to

understand how the copy of the judgment was not noted by the court

below upon receipt of the lower court records on 21.02.2022.

District Judge/District Judge-in-charge, Nadia (as the case

may be) shall make enquiry into the matter and submit report on the

adjourned day.

Let the matter appear under the same heading on

27.06.2022.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)