The High Court dismissed an appeal under CrPC Section 374(4) as not maintainable because the appellant had already filed and had a previous appeal disposed of affirming the conviction and sentence.
Instant appeal summarily dismissed as not maintainable.
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22.11.2021 Sl. No. 04 Mithun/ Ct.No.42.
CRA/315/2021
(Via Video Conference)
In re: An application for admission of appeal under Section 374(4) of the Code of Criminal Procedure, 1973.
And
In the matter of: Sarif Sk. @ Sarip Sk @ Mohiruddin Sk. …Appellant.
Mr. Arindam Roy, Adv.
…for the appellant.
It is submitted that the appellant filed CRA 514 of 2018 against the impugned judgment and order of conviction and sentence. The said appeal was already disposed of by this Court on 25th March, 2021 dismissing the appeal and affirming the judgment and order of conviction and sentence, passed by the learned Additional Sessions Judge, Kandi, Murshidabad in Sessions Trial No.08(06) of 2018. The same judgment has been assailed in CRA 315 of 2021.
As the previous appeal filed by the appellant has already been disposed of, the instant appeal is not maintainable and is summarily dismissed.
( Bibek Chaudhuri, J. )
1 issue framed by the court
Whether an appeal filed under Section 374(4) CrPC is maintainable when a previous appeal on the same judgment has already been disposed of.
1 provisions across 1 enactments
Sarif Sk. @ Sarip Sk @ Mohiruddin Sk.
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
