The bench dismissed the application for condonation of delay as the averments were vague and the acquittal was over a decade old. Consequently, the appeal was dismissed as barred by limitation.
Application for condonation of delay dismissed; CRA 56 of 2011 dismissed as barred by limitation.
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24.07.2023 56 sdas
CRA 56 of 2011 with
CRAN 1 of 2011 (Old CRAN 2711 of 2011)
In Re : Sk. Hafijur Ali …… appellant
Mr. Jayanta Narayan Chatterjee Ms. Nandini Chatterjee Ms. S. Naskar Ms. Sreeparna Ghosh ……. for the appellant
In Re : CRAN 1 of 2011 (Old CRAN 2711 of 2011)
We have perused the application for condonation of delay. Averments in the application are vague and do not make out a case of condonation of delay and interference in an order of acquittal which was passed more than a decade ago. Accordingly, application for condonation of delay is dismissed.
Consequentially appeal being CRA 56 of 2011 is dismissed as barred by limitation.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether the application for condonation of delay meets the requirements to permit interference with an old acquittal order.
Whether the subsequent appeal is maintainable in light of the dismissal of the condonation application.
Sk. Hafijur Ali
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
