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2018 Supreme(Tri) 274

S. TALAPATRA
Benu Roy, S/O Lt. Manini Kr. Roy – Appellant
Versus
Rajib Ghosh, S/O Sri Biswanath Ghosh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D. R. Choudhury, Adv.
For the Respondent: Mr. D. Bhattacharjee, Adv.

JUDGMENT & ORDER :

1. Heard Mr. DR Chouhdury, learned counsel appearing for the appellant as well as Mr. D Bhattacharjee, learned counsel appearing for the respondent.

2. This is an appeal under Section 378(4) of the CrPC from the judgment and order of acquittal dated 27.05.2016 delivered in case No. NI 19/2013 by the Addl. Chief Judicial Magistrate, West Tripura, Agartala.

3. By the order dated 04.08.2016, the appeal was admitted inadvertently without leave. Later on, the appellant filed an application for leave being IA 01/2018 (in Crl. A. 23/2016) which was allowed by the order dated 06.08.2016.

4. In the said order, the objection raised by the respondents in respect of the belated filing of the appeal has been taken note of but in order to regularize the records, having due regard to the substantive ends of justice, leave was granted subject to payment of Rs.1,000/-, which the appellant has already paid.

5. Mr. Bhattacharjee, learned counsel at the outset has reiterated the said ground of objection, but the respondent has neither challenged the order dated 06.08.2016 nor have they asked for any accommodation for challenging the said order. As such, the said objection stands discarde











































































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