The court dismissed the appellant's criminal appeal memorandum under Section 374(2) CrPC 1973 because no separate application for leave to appeal was filed, rendering the appeal not in due form.
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02.03.2022 Sl. No. 09 Srimanta Ct.No.42
CRA/189/2019
(Via Video Conference)
In Re : An application for admission of criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973.
In the matter of : Sk. Sadhu
…appellant.
None appears on behalf of the appellant.
The instant appeal is filed against the judgment and order of conviction and sentence for simple imprisonment for six months with fine and default clause passed in G.R. Case No. 346/1999 by the Learned Judicial Magistrate, 1st Court at Contai.
No application for leave to file appeal is filed by the appellant. The memorandum of appeal cannot be accepted when the leave being granted by this Court. The appellant takes no step.
Therefore, the memorandum of appeal being not in form be dismissed .
( Bibek Chaudhuri, J. )
1 issue framed by the court
Whether to admit or dismiss a criminal appeal filed without leave to appeal.
1 provisions across 1 enactments
Sk. Sadhu
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
