Tripura High Court
Party Name : Bakul Ch. Das vs The State Of Tripura & Ors on 16 February, 2017
Author: S.Talapatra
Bench: S.Talapatra
Case No :IA. 0000226/2017 Party Name : BAKUL CH. DAS Vs THE STATE OF TRIPURA & ORS THE HONBLE MR. JUSTICE S.TALAPATRA
Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned P.P. appearing for the State.
Mr. Deb, learned counsel has submitted that by this application under Section 482 of Cr. P.C. convert the connected appeal against the order of acquittal filed by the victim has been sought to be converted into an appeal under proviso to Section 372 of Cr. P.C., 1973. Mr. Ghosh, learned P.P. has submitted that it is merely a technical conversion and as such, the State does not have any objection whatsoever.
In view of the above, this petition is allowed. The criminal appeal being No. 02 of 2017 shall be treated as an appeal filed under proviso to Section 372 of the Cr. P.C. The Registry is directed to correct the provision as is appearing in the memorandum of appeal by deleting Section 378(4) of the Cr. P.C. and inserting 'proviso to Section 372 of the Cr. P.C.' The necessary correction shall be made forthwith. In the leave application the Registry shall score out the following part of the cause title "under Section 378(4) of the Cr. P.C., 1973." This correction also shall accordingly be made.
With this above, this petition is allowed and disposed of.
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