Alim Mondal v. State Of West Bengal

CRA 30 of 2010 With IA No. CRAN 1 of 2010 (Old No. CRAN 2785 of 2010) 20.09.2022 S/L. 2 Court No.12 Suvayan/ Sourav In the matter of: Alim Mondal ....Appellant.

Mr. Pratik Kumar Bhattacharyya ...for the appellant.

Mr. Prasun Kumar Dutta, Ld. APP Md. Kutubuddin Mr. Santanu Deb Roy ...for the State.

Heard Mr. Pratik Kumar Bhattacharyya, learned amicus curiae appearing for the appellant and Mr. Kutubuddin, learned Counsel appearing for the State.

The affidavit by Mr. Dipankar Sarkar, Officer-in-Charge, Galsi Police Station, Dist. - Purba Bardhaman is filed in Court today by Mr. Kutubuddin, learned Counsel for the State. The affidavit be kept on record.

From the report of Sri Ratan Das, Sub-Inspector of Police of Galsi Police Station, Purba Bardhaman attached copy of death certificate to the affidavit including the magisterial enquiry done by the Executive Magistrate and the report dated August 6, 2021 clearly shows that the appellant, namely, Alim Mondal expired on April 27, 2021 while undergoing treatment in custody at Calcutta National Medical College and Hospital, Kolkata. As the sole appellant has died and no near relative has come forward to continue the appeal within 30 days from the death of the appellant, the appeal abates. The Lower Court Record be sent back forthwith to the jurisdictional Trial Court.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)