Criminal Procedure vs In Re : Moazzem Hossain Sk
2023 Latest Caselaw 2805 Cal

20.04.2023 Item No.3 Ct.No.34 dc.

C.R.A. (SB) 60 of 2023

In Re : An Application under Section 374 of the Code of Criminal Procedure, 1973.

And

In Re : Moazzem Hossain Sk ... Appellant.

Ms. Anup Mukhopadhyay ... For the Appellant.

The present appeal has been preferred under Section

498A of the Indian Penal Code pursuant to a judgment and

order of conviction and sentence passed by learned

Additional Chief Judicial Magistrate, Diamond Harbour.

The appellant is granted liberty to withdraw the

present appeal and file the same before the learned Sessions

Judge having jurisdiction to adjudicate the present appeal.

The appellant is also granted liberty to take back the

certified copy of the judgment by incorporating a photostat

copy of the same.

The learned Sessions Judge while considering the

appeal would take into account the delay which has

occasioned because of filing the appeal before a wrong

forum.

With the aforesaid observations, CRA (SB) 60 of 2023

is dismissed by treating the same as withdrawn.

Pending application, if any, is consequently disposed

of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)