Calcutta High Court (Appellete Side)
CRR/1919/2019 on 3 December, 2019
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 03.12.2019
Sl No.55 Ct. No.34 b.das CRR 1919 of 2019 With CRAN 3773 of 2019 In Re: Habib Khan & Ors.
... ... Petitioners.
Mr. Sabir Ahmed Mr. Apan Saha ... for the Petitioners.
Mr. Madhusudan Sur, Ld. APP Mr. Manoranjan Mahata ... ... for the State.
Affidavit of service filed be kept with the record. In view of the order dated 03.07.2019 passed by the learned Additional District & Sessions Judge, 3rd Court, Tamluk, Purba Midnapur being Criminal Appeal No.02 of 2016, I find that no reason has been assigned by the learned Court below while affirming the order of conviction and sentence passed by the learned Assistant Sessions Judge, 2nd Court, Tamluk in Sessions Trial No.3(3) of 2015 arising out of Kolaghat P.S. Case No.283 of 2013 dated 09.09.2013 under Sections 341/325/308/427/34 of the Indian Penal Code.
I find that without assigning any reason only on perusal, the learned Appellate Court was pleased to affirm the order of conviction under Section 324 of the Indian Penal Code as passed by the learned Assistant Sessions Judge, 2nd Court, Tamluk and in view of the cryptic order so passed, I set aside the said 2 order dated 03.07.2019 passed in Criminal Appeal No.02 of 2016 passed by the Additional District & Sessions Judge, 3rd Court, Tamluk, Purba Midnapur.
The learned Additional District & Sessions Judge, 3rd Court, Tamluk, Purba Midnapur is directed to hear out the appeal afresh on merits. I find that the present petitioners being appellants before the learned Appellate Court, did not appear on the date so fixed. Their conduct before the Appellate Court was such that the same frustrated the Appellate Court to proceed with the case.
In view of the conduct of the petitioners, I direct that the petitioners would meet the Officer-in-Charge Tamluk P.S. twice in a week until further orders and obtain an acknowledgement in respect of the attendance so made before the Officer-in-Charge with the office of the learned Additional District & Sessions Judge, 3rd Court, Tamluk, Purba Midnapur until further orders or till disposal of the appeal.
With the aforesaid observations the criminal revisional application being CRR 1919 of 2019 alongwith CRAN 3773 of 2019 are disposed of.
(Tirthankar Ghosh, J.)