Bijay Thakur vs Unknown
2022 Latest Caselaw 1558 Cal

28.03.2022
Serial no. 26
  Srimanta
 Ct. No. 42
                                  (Through Video Conference)

                IA No.:CRAN/1/2019 (Old No.:CRAN/1864/2019),
                    CRAN/2/2020 (Old No.:CRAN/596/2020),
                    CRAN/3/2020 (Old No.:CRAN/690/2020),
                    CRAN/4/2020 (Old No.:CRAN/4029/2020),
                     CRAN/5/2022, CRAN/6/2022,
                          CRAN/7/2022
                                 in
                             CRA 298 of 2019

                In re : An Application under Section 374(2) of the Code of
                Criminal Procedure, 1973

                                             And-

                 In the matter of : Bijay Thakur.
                                                                     ... Appellant

                 Mr. Bidyut Kumar Ray,
                 Ms. Rita Datta, Adv.
                                                ...For the State.

                        The appellant is present in person. It appears from the
                 record that the appellant has filed the instant appeal against the
                 accused persons.    In the memorandum of appeal also out of
                 four accused persons he mentioned the name of only one
                 accused and others. The memorandum of appeal is not in form.
                 Moreover, since the appeal was against acquittal the same
                 ought to have been filed after the leave being granted to the
                 accused. No application under Section 378 (4) of the Code of
                 Criminal Procedure is filed in the instant case.
                        The impugned judgment was passed on 21 st March,
                 2017. The memorandum of appeal was filed on 6 th May, 2019.
                 Therefore, there was inordinate delay in filing the appeal but no
                 proper application under Section 5 of the Limitation Act has
                 been filed.
                        It appears to me that the appellant cannot conduct this
                 case in person. Therefore, Ms. Manaswita Mukherjee, Learned
                           2




Advocate is requested to act as an Amicus Curiae to assist the
appellant in the instant case.   She is at liberty to file proper
application(s) to regularize the record. It is also found from the
record that as the appeal was not admitted in accordance with
law   no   notice   was   directed   to   be   served   upon   the
accused/respondents.

Considering such aspect of the matter, the above-named Learned Advocate is requested to take all possible step so that concessionable justice may be made to the appellant/applicant.

List the matter on 18th April, 2022.

(Bibek Chaudhuri, J.)