Sk. Aktar vs Unknown
2024 Latest Caselaw 5140 Cal

Calcutta High Court (Appellete Side)

Sk. Aktar vs Unknown on 4 October, 2024

04.10.2024                                CRAN 1 of 2024
SL. 2                                           With
Court No. 551
Suvayan                                   CRAN 2 of 2024
                                                 In
                                         C.R.R. 181 of 2014

                In re: An application under Sections 397/401 read with Section
                       482 of the Code of Criminal Procedure, 1973.
                                              And
                In the matter of: Sk. Aktar
                                                             ...for the petitioner.

                Mr. Achin Jana
                Mr. Prosenjit Ghosh
                Mr. Bhaskar Dalui
                                                               ...for the petitioner.

                Mr. Arijit Ganguly
                Mr. Bibaswan Bhattacharya
                                                                   ...for the State.


                                         In Re: CRAN 2 of 2024

                1.

This is an application for condonation of delay in filing CRAN

1 of 2024 which is an application for restoration of the instant

criminal revisional application.

2. It is submitted on behalf of the revisionist that the instant

revisional application was listed all on a sudden after eight

years and on the said day learned Advocate appointed

through Calcutta High Court Legal Services Committee did

not appear for which the instant revisional application was

dismissed for default and accordingly interim order was

vacated and pursuant to such vacating order the present

revisionist was arrested and thus he came to learn about the

order of dismissal.

3. On perusal of the entire materials as placed before this Court,

this Court is of considered view that the present revisionist is

successful in explaining the delay in filing CRAN 1 of 2024.

4. Accordingly, the delay in filing CRAN 1 of 2024 is hereby

condoned.

5. Accordingly, CRAN 2 of 2024 is thus disposed of.

In Re: CRAN 1 of 2024

1. This is application for recalling of the order dated 21.12.2022.

2. On perusal of the petition under consideration and after

hearing the learned Advocates for the contending parties it

appears to this Court that the present revisionist is successful

in making out a case to justify his absence on 21.12.2022.

3. In view of such, CRAN 1 of 2024 is hereby allowed.

4. Consequently, the order of dismissal as passed on 21.12.2022

is hereby recalled.

5. Consequently, CRR 181 of 2014 is restored to its original file

and number.

In Re: CRR 181 of 2014

1. In view of the revival of the instant revisional application let

the operation of the impugned judgment and order as passed

by learned Additional Sessions Judge, Fast Track Court-III,

Howrah dated 25.11.2013 in Criminal Appeal No. 33 of 2012

as well as the judgment and order of sentence dated

13.07.2012 as passed in G.R. Case No. 488 of 1999 by the

learned Judicial Magistrate, 1st Court, Uluberia, Howrah be

stayed till disposal of the instant revisional application.

2. Let the matter be listed on December 3, 2024 under the

heading "Criminal Revision".

(Partha Sarathi Sen, J.)