Central Bureau Of Investigation vs Unknown
2022 Latest Caselaw 3172 Cal

13.06.2022

Srimanta

IA No. : CRAN/1/2018 (Old No.:CRAN/2686/2018) in CRMSPL/135/2018

In the matter of : Central Bureau of Investigation ...appellant.

Mr. Anirban Mitra, Adv.

...for the C.B.I.

Mr. Abhra Mukherjee, Adv., Mr. Sauradeep Dutta, Adv.

...for the opposite party.

Re : CRAN/1/2018 (Old No.:CRAN/2686/2018)

This is an application under Section 5 of the Limitation Act filed by the petitioner, Central Bureau of Investigation for delay in filing the application for special leave to appeal.

The application along with the affidavit-in-opposition and affidavit-in-reply are taken up for hearing.

At the outset, it is pointed out by Mr. Mitra that the judgment of Special Case No. 5/1999 was passed on 30 th January, 2018. On the next date, i.e., 31 st January, 2018 C.B.I. filed an application for certified copy of the said judgment. It was delivered on 7 th March, 2018. Therefore, if the period between filing application for certified copy and the date of receipt of the certified copy is omitted from the period of limitation, there would be only 12 days delay in filing the application for special leave to appeal.

Mr. Mukherjee, Learned Advocate for the opposite party submits that if the said period is considered, the delay would be 62 days.

Be that as it may, even if the period of limitation is taken to be 62 days, on perusal of the application for condonation of delay under Section 5 of the Limitation Act, I find such delay has been properly explained.

In view of such circumstances, this Court condones the delay in filing SRMSPL/135/2018.

The application under Section 5 of the Limitation Act is, thus, disposed of on contest.

Re : CRMSPL/135/2018

This is an application for special leave to appeal. Perused the application.

The leave is granted to file an appeal by the C.B.I. against the impugned judgment and order of acquittal within one month from the date of the order.

( Bibek Chaudhuri, J. )