ANOWAR MULLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant CRAN no. 1 OF 2025 is an application filed by the petitioner for restoration/recalling of the order dtd. 27/11/2018 passed by the co-ordinate Bench, thereby dismissing the criminal revisional application for default, and the petitioner further filed an application, being CRAN 2/2025, praying for condonation of delay of 6 years 9 months in preferring the application for restoration/recalling.

(2.) With regard to the delay, learned counsel appearing for the State submits that the matter be disposed of on merit, since this case has been filed by the petitioner against the judgment and order of affirmation by the Session Judge of conviction and sentence passed by the learned trial court against the petitioner under Sec. 325 of the IPC.

(3.) Having heard the submissions of the parties and considering the grounds set forth in the pleadings, this court is of the opinion that since the matter involves conviction and sentence of the Petitioner, the matter should not be dismissed on technical grounds. Therefore, the application for condonation of delay is allowed subject to the condition that the matter will be heard on merits.