Durga Prasad Chourasia vs The State Of West Bengal & Anr
2022 Latest Caselaw 3108 Cal

8.6.2022 S.D.

41.

C.R.R. 2467 of 2009 With CRAN 1 of 2022 CRAN 2 of 2022

Durga Prasad Chourasia Vs.

The State of West Bengal & Anr.

Mr. Subhrangsu Panda Ms. Mithu Singha Mahapatra ...For the petitioner.

Mr. Goutam Dinda Mr. Anindya Sundar Chatterjee ...For the K.M.C.

In re: CRAN 2 of 2022.

This is an application for condonation of delay in preferring the

application for restoration.

Having regard to the statements made in paragraphs 10, 11, and 12

of the application, I am of the opinion that the delay has been sufficiently

explained.

Accordingly, CRAN 2 of 2022 stands allowed.

In re: CRAN 1 of 2022

This is an application for restoration.

Having regard to the statements made in paragraphs 9 and 10 of

the application, I am of the opinion that sufficient cause has been shown

for the non-appearance of the petitioner when the matter was called on

September 1, 2021.

Accordingly, CRAN 1 of 2022 is allowed.

In re: CRR 2467 of 2009

In this revisional application, the petitioner has challenged an order

dated June 20, 2009, passed by the learned Additional Sessions Judge, 5th

Fast Track Court in Criminal Appeal No. 61 of 2008, by which the learned

Sessions Judge confirmed a judgment and order dated 28.8.2008 passed

by the learned 2nd Municipal Magistrate, Calcutta in Case No. 2-D of 2007

under Section 16(1) (a) and 17 of the Prevention of Food Adulteration

Act, 1954, whereby the petitioner was sentenced to suffer simple

imprisonment for six months and to pay a fine of Rs.1,000/-.

Let the lower court records be called for by Special Messenger. The

petitioner will deposit the costs of Special Messenger by Monday

(13.6.2022).

List this matter after the arrival of the lower court records under

the same heading.

(Kausik Chanda, J.)