Special Leave Petition allowing appeal against acquittal under Section 256(1) CPC granted due to grounds for acquittal being invalid.
Leave granted to the petitioner to file an appeal within the statutory period.
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15 21.08. 2023 Ct 237
rup
CRMSPL 50 of 2023
SREI Equipment Finance Limited versus State of West Bengal & Ors.
Mr. Satadru Lahiri, Mr. Safdar Azam …. For the petitioner.
This petition is filed with a prayer for special leave to file an appeal assailing the order dated 12th June, 2023, whereby learned Metropolitan Magistrate, 3rd Court, Calcutta acquitted the all three accused under Section 256 (1) of the Code of Criminal Procedure only on the ground of absence of the complainant on that particular date. It is also not intelligible that on the particular date whether the accused were present or not.
Considering the facts and circumstances, the special leave to appeal is allowed.
Thus, leave is granted to the petitioner to file appeal within the statutory period.
Accordingly Special Leave Petition stands disposed of.
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether special leave to file an appeal should be allowed against an acquittal order on the ground of complainant's absence.
SREI Equipment Finance Limited
State of West Bengal
Bibhas Ranjan De
As recorded by the court registry
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