Sankar Sarkar Vs.
Subah Raj & ANR.
No.1823 of 2009]
O R D E R
This appeal is directed
against the judgment and order dated 30.07.2008 passed by the High Court at Calcutta
in C.R.R.No.4211 of 2007. By the impugned judgment and order, the High Court
has remanded the matter to the Trial Court for de novo trial, as contemplated
under the provisions of the Criminal Procedure Code.
The order so passed by
the High Court is in consonance with the judgment of this Court in the case of Nitinbhai
Saevatilal Shah & Anr. Vs. Manubhai Manjibhai Panchal & Anr., (2011) 9 SCC
638. In that view, we do not find any merit in this appeal.
The appeal is, accordingly,
dismissed. We, however, direct the learned Trial Court to dispose of the complaint
of the petitioner as early as possible, at any rate, within six months from
CRLMP No.1089/2012 is
also disposed of.
(CHANDRAMAULI KR. PRASAD)