Md. Nizamuddin vs Om Prakash Shaw
2023 Latest Caselaw 6092 Cal

              IN THE HIGH COURT AT CALCUTTA

                (Criminal Appellate Jurisdiction)

                         Appellate Side
Present:
Justice Bibhas Ranjan De




                      CRMSPL 33 of 2023
                              With
                     IA NO: CRAN 1 of 2023
                        Md. Nizamuddin
                              Vs.
                       Om Prakash Shaw


For the Appellant/applicant    :Mr. Subir Banerjee , Adv.
                                Mr. Tanweer Ahmed Khan, Adv.




Heard on                         : August 28, 2023
Judgment on                      : September 12, 2023
                                  2




Bibhas Ranjan De, J.

1. Issue of applicability of Section 5 in Special leave to appeal

under Section 378(5) of the Code of Criminal Procedure has

been adjudicated by this Court in connection with CRMSPL 27

of 2023 with IA NO. CRAN 1 of 2023, CRMSPL 52 of 2023 with

IA No. CRAN 1 of 2023 and CRMSPL 35 of 2023 with IA NO.

CRAN 1 of 2023. It has been decided that Section 5 of the

Limitation Act is applicable in case of special leave petition

under Section 378(5).

2. From the record it appears that petitioner did not serve notice

of IA No. CRAN 1 of 2023 upon the opposite party. None

appears on behalf of the opposite party.

3. List the matter on 19.09.2023.

4. Petitioner is directed to serve notice of application under

Section 5 of the Limitation Act upon the opposite party by

speed post with acknowledgement due and filed affidavit of

service.

[BIBHAS RANJAN DE, J.]