Debasish Chakrabarty vs The State Of West Bengal
2022 Latest Caselaw 1405 Cal

22.03.2022 Item No.01&2 Suman Ct.42 (Via Video Conference)

CRA 656 of 2019 With CRAN 2 of 2020 (Old CRAN 512 of 2020)

Debasish Chakrabarty Vs.

The State of West Bengal

With

CRA 216 of 2020

Debashish Chakraborty Vs.

State of West Bengal

Against the judgment and order of conviction and

sentence the appellant preferred two appeals being CRA

656 of 2019 and CRA 216 of 2020. By an order dated

11th March, 2022 this Court directed that the appeal

filed by the appellant at the first instance shall be heard

and the subsequent appeal bearing No. C.R.A. 216 of

2020 was treated to be dismissed as the said appeal

was subsequently filed against the same order of

conviction and sentence by the appellant.

The Registrar, Administration (L. & O. M.) was

directed to conduct an inquiry and fix responsibility for

whose dereliction of duty the subsequent appeal was

accepted and registered. In compliance of such

direction, the Registrar, Administration (L. & O. M.) has

submitted a report stating, inter alia, that there is no

mechanism to detect whether the subsequent appeal

has been filed by the same appellant challenging the

order of conviction and sentence.

However, it is also stated that there is a system in the

Computerized Listing Department to ascertain as to

whether more than one application for bail is filed by

the same person at the same time prayer for bail.

Therefore, it is directed that the Registrar (Listing),

High Court, Appellate Side, Calcutta shall take step by

inserting a necessary field in the filing software of

criminal appeal to ascertain as to whether more than

one appeal is filed by the appellant against the same

judgment and order of conviction and sentence. If it is

found that the appellant files more than one appeal

against the same judgment and order of conviction and

sentence, subsequent appeal shall not be accepted in

the Centralized Filing Section.

It is also proposed that in Form-A of the Presentation

Form a mandatory provision is to be inserted for giving

necessary declaration by the learned advocate for the

appellant that the appellant has not preferred any other

appeal against the same judgment and order of

conviction and sentence.

A copy of this order be sent to the Registrar (Listing),

High Court, Calcutta and the Registrar, Administration

(L. & O. M.), High Court, Calcutta for compliance

immediately and submit a report of compliance within

seven days from the date of this order.

(Bibek Chaudhuri, J.)