Sankar Sarkar Vs. Subah Raj & ANR.

[Criminal Appeal No.1823 of 2009]

[CRL.AP.No.1089/2012]

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 today.

CRLMP No.1089/2012 is also disposed of.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI;

MARCH 12, 2012

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