Bhasa Mondal & ORS v. Pulin Behari Baidya & ORS

23.

08-08-2024 (ct. no.550) debajyoti CRR 221 of 2018 In re : An application under Sections 397, 401 read with 482 of the Code of Criminal Procedure.

-AndIn the matter of : Bhasa Mondal & Ors.

.... Petitioners.

Mr. Debasis Sur, Mr. Goutam Sardar, Mr. Bhaskar Bhattacharya, Mr. Goutam Malik ... For Opposite Party No.1.

Mr. Joydeep Roy, learned Jr. Govt. Adv., Mr. Aritra Bhattacharya ... For the State.

None appears on behalf of the petitioners even on second call. The Opposite Party No.1 and the State are represented in view of the administrative notices issued upon them.

The learned counsel for the State has submitted a report from the Circle Inspector, Canning, Baruipur Police District, South 24-Parganas, intimating that three petitioners, namely, Gopal Baidya, Sushil Sardar and Madhai Sardar have already expired and the present petitioners are willing to proceed with the case. It is also reported that the petitioners, who are alive, had told the Circle Inspector, Canning, Baruipur Police District, South 24-Parganas, or his officer that their lawyer will appear before this Court on 08-08-2024. But the petitioners are not represented today. I have gone through the materials on record. This revisional application under Section 482 of the Code of Criminal Procedure has been initiated for setting aside the order dated 01-12-2017 passed by the learned Executive

Magistrate, Canning Sub-Division, District-South Parganas in M.P. Case No.1591 of 2017 under Section 144(2) of the Code of Criminal Procedure.

It is submitted by learned counsel for the Opposite Party No.1 as well as the State that the instant proceedings have become infructuous and the same be disposed of accordingly.

It appears from the record that the statutory period as prescribed in Section 144(2) of the Code of Criminal Procedure has already been elapsed and there is no need for proceeding with the instant revisional application. Accordingly, the instant revisional application stands disposed of. There shall be no order as to costs. Interim order, if any, stands vacated.

Department is directed to serve a copy of the revisional application to learned counsel for the State. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Apurba Sinha Ray, J.)