Sujitendra Krishna Deb v. State Of West Bengal & ANR

27.08.2021 Item no.5 Ct. No.34 CHC C.R.R. No.5 of 2012 (Via Video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Sujitendra Krishna Deb ... petitioner Mr. Sabyasachi Banerjee, Mr. Anirban Dutta, Mr. A. Sarkar, Mr. Pradyot Kumar Das ...for the petitioner Mr. Swapan Banerjee, Sr. Govt. Advocate Mr. Suman De ...for the State Report called for from Burtolla Police Station has been handed over by Mr. Swapan Banerjee, learned Senior Advocate appearing for the State.

Let such said be kept with the record.

The said report reflects that during physical verification it has come to the knowledge of the police authorities that the present petitioner has expired on 22.10.2018 and to that effect death certificate has been enclosed.

In view of the changed circumstances, the proceedings against the petitioner cannot further continue.

Department is directed to send the report submitted by Burtolla Police Station to the court of the learned Metropolitan Magistrate, 10th Court, Calcutta.

Learned Magistrate will give an order in respect of the physical verification so conducted and thereafter, drop the proceedings so far as the petitioner is concerned.

With the aforesaid observations, C.R.R.5 of 2012 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)