Rup vs State Of West Bengal & Ors
2023 Latest Caselaw 5661 Cal

30    29.08.
       2023                      CRA (SB) 116 of 2023
 Ct                             IA NO: CRAN 1 of 2023
237
                                Brajendra Kumar Saha
rup
                                        Versus
                              State of West Bengal & Ors.


                      Mr. Apalak Basu,
                      Ms. Sanghamitra Mridha       ... for the appellant

                      Mr. Kallol Mondal,
                      Mr. Krishan Ray,
                      Mr. Souvik Das,
                      Ms. Anamitra Banerjee.
                                         ... for the private respondents.

Mr. Debabrata Chatterjee, Mr. Santanu Chatterjee.

                      Mr. M. Sarkar                  ... for the State.


                                 IA NO: CRAN 1 of 2023

This is an application for condonation of delay of

316 days and the reason of delay explained in the

application is that revisional application was filed against

the judgment and order of acquittal passed by the learned

Additional Sessions Judge, Fast Track Court No.1, Bichar

Bhawan, Calcutta, in stead of preferring an appeal,

Hon'ble Co-ordinate Bench granted liberty to take the

issue of pendency of the revisional application at the time

of condonation of delay under Section 5 of the Limitation

Act.

Heard learned advocates appearing on behalf of the

appellant.

Learned advocate appearing on behalf of the

respondents raises objection against the condonation of

delay under Section 5 of the Limitation Act.

The delay is condoned.

Accordingly, CRAN 1 of 2023 stands disposed of.

CRA (SB) 116 of 2023

Heard learned advocates appearing on behalf of the

parties, considering all facts and circumstances the

appeal is admitted. Issue usual notices.

Trial Court Record be called for.

After arrival of the Lower Court Record, if it is

found, otherwise in order, the formal paper book shall be

prepared within six weeks thereafter.

It is submitted on behalf of the respondents that

respondent no.2/Sudarshan Saha expired on

29.09.2018.

Department is directed to expunge the name of

respondent no.2/Sudarshan Saha from the cause title.

(Bibhas Ranjan De, J.)