Partly allowed

MD Sabir v. State of West Bengal and Anr.

Calcutta HC2 Jan 2023CRR/185/2021

Case brief

AI extract

What is this about?

The Court directed the petitioner to deposit Rs.50,000/- in connection with complaint case no. C-3218 of 2005 before the Learned Metropolitan Magistrate. Upon deposit, the appellate court would recall its dismissal order and hear the appeal on merits, setting aside the earlier order dated 21.12.2020.

What did the court decide?

The order dated 21.12.2020 was set aside; the petitioner must deposit Rs.50,000/- before the Metropolitan Magistrate to recall the order and hear the appeal on merits.

MD Sabir Vs State of West Bengal and Anr. — Criminal Trial and Appeal | Calcutta HC (2023)

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02.01.2023 S/L No.14 KS

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C.R.R. 185 of 2021

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With IA No. CRAN 1 of 2021 Md Sabir -Vs.The State of West Bengal & Anr.

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Md. Khairul

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…..For the Petitioner

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Mr. Imran Ali Mrs. Debjani Sahu

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…..For the State Ms. S. Singh Mr. A. K. Singh …..For the O.P. No.2

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Learned advocate appearing for the petitioner submits that the criminal appeal was dismissed as there was lack of management of the case, in view of the Pandemic prevailing at the relevant point of time. Learned Appellate Court took exception to the conduct of the present appellant and dismissed appeal at the stage of admission.

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Learned advocate also submits that at the relevant period of time the direction so passed for depositing the sum of Rs.20% of the find/compensation amount as awarded by the Learned Trial Court was also not deposited and the same was taken seriously by the Learned Appellate Court in Criminal Appeal No.197 of 2019.

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I have considered the submission of the learned advocate appearing for the petitioner before this Court as well as the complainant/opposite party no.2. I find that a complaint was filed in the year 2005. The petitioner intends to get his appeal heard out on merits.

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In view of the aforesaid, I direct that the petitioner will deposit a sum of Rs.50,000/- in connection with complaint case no.C-3218 of 2005 before the

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Learned Metropolitan Magistrate, 11^th Court, Calcutta by 31^st January, 2023. The Learned Chief Judge, City Sessions Court on such deposit being made before the Learned Metropolitan Magistrate, 11^th Court, Calcutta would recall his earlier order dated 21.12.2020 and hear out the appeal on merits. It is further directed that the O.P. No.2/complainant would be entitled to withdraw the sum of Rs.50,000/- so deposited with the Learned Metropolitan Magistrate, 11^th Court, Calcutta during pendency of the appeal however the same would be subject to the fate of the appeal. The order dated 21.12.2020 passed by the Learned Chief Judge, City Sessions Court, Calcutta is set aside subject to compliance of the conditions as mentioned above.

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With the aforesaid observations, C.R.R. 185 of 2021 is disposed of.

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Pending applications, if any, are consequently disposed of.

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All parties are directed to act on the server copy of this order downloaded from the official website of this Hon’ble Court.

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(Tirthankar Ghosh, J.)

MD Sabir v. State of West Bengal and Anr.

Case brief

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MD Sabir v. State of West Bengal and Anr.

Case brief

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