SABITRI BANIK (BHOWMIK), W/O BIPLAB BHOWMIK Vs. BIPLAB BHOWMIK, S/O LATE CHITTA RANJAN BHOWMIK; NANIBALA BHOWMIK, W/O LATE CHITTA RANJAN BHOWMIK; BINA BHOWMIK (MAJUMDER), W/O BIBHUTI BHUSAN MAJUMDER

JUDGEMENT

(1.) Heard Mr. P. Majumder, learned counsel appearing for the petitioner as well as Mr. K.N. Bhattacharji, learned Senior Counsel assisted by Mr. S. Pandit, learned counsel appearing for the respondents.

(2.) By means of this petition, filed under Section 397 read with Section 401 of the Cr.P.C., the petitioner has questioned the legality and propriety of the order dated 08.10.2015 delivered in Criminal Misc. Petition No. 19 of 2014 [in Criminal Appeal No. 07 of 2014 which has not been considered on merit as it was admittedly barred by Limitation]. Since the said appeal was barred by limitation, an application under Section 5 of the Limitation Act for condoning the said delay for purpose of preferring the appeal was filed by the petitioner.

(3.) It is to be noted that by the order dated 04.03.2013, delivered in GR 402 of 2010 the respondents were acquitted from the charge. The petitioner being the victim sought to challenge that order of acquittal by filing an appeal under proviso to Section 372 of the Cr.P.C., but in filing such appeal against acquittal by the victim, there was a considerable delay, according to the petitioner 476 days and according to the respondents 480 days. The petitioner is entitled to get 60 days for filing the appeal and as such, according to the petitioner, there was delay of 416 days but according to the respondents there was delay of 420 days.