Suchandra Bhutoria Versus The State of West Bengal & Another Lnind 2015 Cal 74 PDF
Suchandra Bhutoria Versus The State of West Bengal & Another Lnind 2015 Cal 74 PDF
Suchandra Bhutoria Versus The State of West Bengal & Another Lnind 2015 Cal 74 PDF
J(1)
IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present:
Versus
…Opposite Parties
the present petitioner challenging the order dated 3rd March, 2014
stated is as follows:-
Act on the ground that there was delay of 117 days and not
Application.
lady and she did not receive any maintenance from the O.P.No.2
present O.P.No.2 preferred an appeal but she could not get any
and after engagement of the new set of Advocates the proper advice
could be obtained and the appeal was preferred. All these factors
said that there was no sufficient ground in not filing the appeal in
time or that the explanation given by the petitioner for such delay
O.P.No.2, on the other hand, submitted that the petitioner has not
such inordinate delay in filing the appeal. What she alleged was
vague and smacks mala fide on her part. Therefore, the Learned
Sessions Judge was quite justified in observing that she had only
put the entire blame upon her legal counsel without mentioning
his name or when she contacted him nor did she mention the date
therefore, rightly held that the delay had not been properly
since in the instant case the petitioner could not explain the delay
satisfactorily and she failed to establish any specific cause the
appeal. On such backdrop this Court should not interfere with the
Acquisition, Anantnag and Another Vs. Mst Katiji & Ors. (1987) 2
an appeal late.
manner.
non-deliberate delay.
Katiji & Ors. (AIR 1987 SC 1353) held that the Court has to take
be preferred.
protection and vindication of her rights given to her in the said Act.
by preferring the appeal only on the ground that the same was
the delay is condoned and the appeal being Criminal Appeal No.80
of 2014 be admitted.
between the parties, nature of the litigation and reliefs prayed for, I
possible.