Calcutta High Court (Appellete Side)
The State Of West Bengal vs Md. Tarique Akhtar @ Raju @Shaheen And ... on 23 March, 2015
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1
S/L. 27.
March 23, 2015. C.R.M.S.P.L. 40 of 2014
In re: An application for Special Leave to Appeal under Section
378(3) of the Code of Criminal Procedure, 1973 filed on July 23,
2014 in connection with Bowbazar Police Station Case No. 50 of
2006 dated January 31, 2006 under Sections
121/121A/122/123/124A/120B of the Indian Penal Code and
Sections 5(b)/ 6 of the Explosives Substances Act;
And
In the matter of: The State of West Bengal ...Petitioner.
Versus
Md. Tarique Akhtar @ Raju @Shaheen and others
...opposite party.
Mr. Pawan Kumar Gupta. ...for the
petitioner.
Through this application as filed under Section 378(3) of
the Code of Criminal Procedure by the State of West Bengal
through the learned Public Prosecutor, High Court, Calcutta,
as against the judgment and order dated 26.02.2014, passed
by the learned Additional District and Sessions Judge, Bench
II, City Sessions Court, Bichar Bhawan, Kolkata, in Sessions
Trail Case No. 03 (02) 2007 arising out of Bowbazar P.S Case
No. 50 of 2006 dated 31.01.2006, in which the learned Court
was pleased to acquit the accused respondents in respect of the
charge punishable under Sections 121/121A/122/123/124A/120B all of the Indian Penal Code and under Section 5(b)/6 of the Explosive Substances Act, Special Leave to Appeal is prayed for.
The matter was heard.
2On perusal of judgment, we are satisfied that the leave may be granted in favour of the State of West Bengal to file the appeal as against the respondent Nos. 1 and 2. The prayer for leave to file the appeal as against respondent No. 3 stands refused.
The prayer under Section 378(3) of the Code of Criminal Procedure is, thus, disposed of.
The certified copy, if any, be supplied on urgent basis as per rules.
(Subhro Kamal Mukherjee, J.) (Indrajit Chatterjee, J.)