Employees' State Insurance ... vs M/S Jaya Lamp Industries And Ors
2022 Latest Caselaw 3031 Cal

20.05.2022 Item No.15 Suman Ct.42 (Via Video Conference)

CRMSPL 26 of 2022

Employees' State Insurance Corporation Vs.

M/s Jaya Lamp Industries and Ors.

Mr. Subal Maitra ...for the petitioner

This is an application for special leave to appeal

filed by the appellant who is the public servant against

the order of acquittal passed in Complaint Case

No.C/5069 of 2005 by the learned Metropolitan

Magistrate, 5th Court at Calcutta. There is a report of the

Stamp Reporter that the appeal is barred by limitation

by 869 days. However, it is submitted by the learned

advocate for the petitioner that the judgment and order

of acquittal in Complaint Case No.C/5069 of 2005 was

passed by the learned Magistrate on 24th October, 2019.

The petitioner applied for certified copy of the said

judgment on 25th November, 2019. The said certified

copy was handed over to the petitioner on 10 th January,

2020. Under Section 378(5) of the Code of Criminal

Procedure, the petitioner is entitled to file an application

for special leave to appeal against an order of acquittal

within six months if he is a public servant. It is also

contended by the learned advocate for the petitioner

that within the said period of limitation Covid Pandemic

started. Therefore, the petitioner is entitled to

condonation of delay during the entire period of

pandemic till 28th February, 2022. The application for

special leave is filed on 10th May, 2022. Thus, the report

of the Stamp Reporter is wrong and the application

ought to be held to be filed within the statutory period

of limitation.

The petitioner is directed to file an application

stating all such facts and serve a notice of the said

application to the private opposite parties.

The matter be listed on 20th June, 2022 for

further order.

(Bibek Chaudhuri, J.)