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2024 Supreme(Cal) 516

BIBHAS RANJAN DE
Central Bureau of Investigation – Appellant
Versus
Binod Kumar Maheswari – Respondent


Advocates Appeared:
For the Appellant : Mr. Anirban Mitra, Mr. Manabendranath Bandyopadhyay.
For the Opposite Parties : Mr. Lal Mohan Hazra, Mrs. Moutusi Hazra, Mr. Satadru Lahiri, Mr. Sourav Paul.

JUDGMENT :

Bibhas Ranjan De, J.

1. In this case, Central Bureau of Investigation (For short CBI) filed a petition seeking special leave to file appeal against the judgement and order of acquittal of all six (6) opposite parties in connection with special case no. 66 of 2011 arising out of RC No. 05 (A) of 2000 dated 3.2.2000 on an allegation of practicing fraud upon Canara Bank to the tune of approximately Rs. 2.19 crores, under Section 378 (4) of Code of Criminal Procedure (CrPC) along with an application for condonation of delay of 1452 days i.e. almost four years under section 378 (5) of the CrPC.

2. The limited issue is as to whether the petitioner/CBI had shown sufficient cause for delay of 1452 days in filing petition for special leave under Section 378 (4) of the CrPC, within prescribed period of limitation under section 378(5) of the CrPC.

3. Hon’ble Apex Court imparted a great deal of interpretation of object behind enactment of limitation by the legislature in following words :

    The law of limitation is found upon maxims such as “Interest Reipublicae Ut Sit Finis Litium” which means that litigation must come to an end in the interest of society as a whole and “vigilantibus non

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