Sk. Hafizuddin v. Apurba Kanzilal & ORS.

24.6.2025 Sl. 7 Samarpita Court No.655

IN THE HIGH COURT AT CALCUTTA

Criminal Appellate Jurisdiction Appellate Side CRA 48 of 1995 In the Matter of: Sk. Hafizuddin .... Appellant 1.

Nobody is present on behalf of the appellant. 2.

Respondent/accused persons nos. 1 and 2 are not represented. 3.

In pursuance of the direction passed by this Court earlier on 11.4.2025 a compliance report is submitted by the department, indicating that during pendency of this appeal, the appellant/ complainant Sk. Hafizuddin has been expired.

4.

The said report also states that the administrative notice could not be served upon the respondent no. 3, because of his death, but the, respondents nos. 1 and 2 were intimated about the pendency of this appeal and they do not venture to appear before this Court today. 5.

The instant appeal is preferred by the appellant-complainant challenging the impugned judgement and order of acquittal passed by the learned Trial Court dated 16th June, 1994, in connection with C. R. Case No. 337 of 1993/ T.R. No. 276 of 1993.

6.

As the sole appellant-complainant has been expired the instant appeal should be decided on merit.

7.

I have gone through the impugned judgement and order passed by the learned Trial Court dated 16th June, 1994 and after going through the said judgement I find nothing to interfere with it. 8.

Accordingly, the instant appeal be and the same is dismissed on merit affirming the impugned judgement and order passed by the Trial Court in connection with C. R. Case No. 337 of 1993/ T.R. No. 276 of 1993.

9.

Thus the Criminal Appeal be and the same is hereby disposed of.

10. Let a copy of this order along with Trial Court Record be sent down to the learned Trial Court immediately.

11. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Prasenjit Biswas, J.)