Calcutta High Court (Appellete Side)
Sk. Tahar Ali vs Sk. Tahar Ali on 25 August, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
25.08.2025
Item No.10 with 11
Court No. 26
CHC
CRA (DB) 227 of 2025
In Re:- An appeal under Section 374(2) of the Code of
Criminal Procedure, 1973 corresponding to Section 415 of
the Bharatiya Nagarik Suraksha Sanhita 2023.
And
In the matter of : Sk. Tahar Ali
...... appellant
with
CRA (DB) 308 of 2025
In Re:- An application for admission of appeal, made under
Section 374(2) of the Code of Criminal Procedure, 1973
corresponding to Section 415(2) of the Bharatiya Nagarik
Suraksha Sanhita 2023.
And
In the matter of : Sk. Tahar Ali
...... appellant
Ms. Afreen Begum, Advocate
...for the appellant
(HCLSC)
1.
In this Jail Appeal, learned advocate appearing for the
appellant submits that, due to inadvertence, incomplete
appeal was initially filed in the department which was
registered and numbered as CRA (DB) 227 of 2025.
Subsequently, certified copy of the impugned judgment and
order filed in the department which was registered as CRA
(DB) 308 of 2025.
2. Learned advocate appearing for the appellant in such
circumstances submits that, since there are two appeals
directed against the same impugned judgment and order, by
the same appellant, it would be appropriate that, CRA (DB)
2
227 of 2025 be treated as disposed of with permission to the
appellant to proceed with CRA (DB) 308 of 2025.
3. Request made on behalf of the appellant being reasonable is
accepted. CRM (DB) 227 of 2025 was inadvertently registered
by the department and consequently, department will treat
the same as disposed of. Appellant is permitted to pursue his
remedies in CRA (DB) 308 of 2025.
4. Department reports that, appeal CRA (DB) 227 of 2025 is
within time.
5. Since it is a Jail Appeal and since, the appellant approached
the Court within time, we deem it appropriate to admit CRA
(DB) 308 of 2025.
6. Appeal is admitted.
7. Issue usual notices.
8. Call for the Trial Court Records.
9. Realisation of fine, if any, shall remain stayed.
10. Paper books be prepared within four weeks from the date of
receipt of Trial Court Records.
11. List the appeal in the Combined Monthly List of October,
2025.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)