Sk. Kashim @ Kasim & Anr vs Unknown
2024 Latest Caselaw 4476 Cal

Calcutta High Court (Appellete Side)

Sk. Kashim @ Kasim & Anr vs Unknown on 2 September, 2024

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

02.09.2024 Serial no. 19 CT.-35 [G.S.D]

CRA 575 of 2019

In the matter of : Sk. Kashim @ Kasim & Anr.

... ... Appellants Ms. Sagnika Banerjee ... for the Appellants Ms. Puja Goswami ... for the KMC Ms. Sreyashee Biswas Ms. Tiruparna Ghosh Mr. Atanu Ghosh ... for the State

Ms. Biswas, learned advocate appearing on behalf of

the State, at the inception, resists in respect of the manner

in which the appeal was admitted and draws the attention of

the court to the impugned order under challenge.

The records of the case reflect that the appeal was

preferred before the learned Chief Judge, City Sessions

Court at Calcutta being Criminal Appeal No. 36 of 2019. The

same was dismissed and the Judgment and Order of

conviction and sentence passed by the learned Municipal

Magistrate, 2nd Court, Calcutta was affirmed.

Having considered that the subject-matter of

challenge before this court by the appellant is under the

wrong provisions of law, as against an appeal, as under the

Code of Criminal Procedure, no second appeal can be

preferred.

Consequently, CRA 575 of 2019 is dismissed.

Pending connected application, if any, is also

dismissed.

Department is directed to send back the LCR both of

the learned Appellate Court and the learned Trial Court to

the respective Courts within a fortnight from date.

Parties to act on a server copy of this order duly

collected from the official website of the Hon'ble High Court,

Calcutta.

(Tirthankar Ghosh, J.)