Rup vs State Of West Bengal & Anr
2023 Latest Caselaw 6850 Cal

40    06.10.
       2023                         CRMSPL 57 of 2023
 Ct                               IA NO: CRAN 1 of 2023
237
                                  Bamapada Das @ Biplab
rup
                                            Vs.
                                State of West Bengal & Anr.


                    Mr. Dinendra Nath Chatterjee,
                    Mr. M. Mondal
                                               ... for the appellant.

                    Mr. Binoy Kumar Panda,
                    Mr. Subham Bhakat                   ... for the State.



                                  IA NO: CRAN 1 of 2023


               1.

Affidavit of service filed by the petitioner be kept with

the record.

2. The application for condonation of delay is taken up

for hearing.

3. Learned counsel appearing on behalf of the appellant

has submitted that there is a delay of 320 days in

filing this special leave petition.

4. It is further submitted that earlier criminal revision

was filed challenging the order of acquittal dated

24.08.2022 passed by the learned Chief Judicial

Magistrate, Raghunathpur, Purulia in connection with

G.R. Case No. 611 of 2019 for the offence punishable

under Sections 341/320/506 of the Indian Penal

Code.

5. In support of his contention, Mr. Dinendra Nath

Chatterjee, learned advocate appearing on behalf of

the appellant has referred to the order dated 9 th

August, 2023 passed by the Co-ordinate Bench of this

Court in connection with CRR 4534 of 2022

dismissing the application being not pressed.

6. Considering the explanation given in the petition, the

delay is condoned.

7. The prayer for condonation of delay under Section 5 of

the Limitation Act stands allowed.

Accordingly CRAN 1 of 2023 stands disposed of.

CRMSPL 57 of 2023

8. This instant special leave petition has been preferred

to file an appeal against the judgment and order of

acquittal dated 24.08.2022 passed by the learned

Chief Judicial Magistrate, Raghunathpur, Purulia in

connection with G.R. Case No. 611 of 2019 for the

offence punishable under Section 341/320/506 of the

Indian Penal Code.

9. After hearing learned advocate appearing on behalf of

the appellant as well as on careful perusal of the

judgment, the prayer for Special Leave to Appeal is

allowed.

10. Thus, leave is granted to the petitioner to file appeal

within the statutory period.

11. Accordingly Special Leave Petition stands disposed

of.

12. All parties to this special leave petition shall act on

the server copy of this order downloaded from the

official website of this Court.

(Bibhas Ranjan De, J.)