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Calcutta High CourtCRR/387/2020disposed as abated

Izhar Hussain v. State Of West Bengal & ANR.

2024-03-22Hon'Ble Justice Ajay Kumar Gupta2 pages

22.03.2024 Sl.No. 76 Ct. 32 Amalranjan In The High Court At Calcutta Criminal Revisional Jurisdiction Appellate Side CRR 387 of 2020 Izhar Hussain Vs.

The State of West Bengal and anr.

Ms. Faria Hossain Ms. Mamata Jana............for the State Report submitted by the S.I. of Bhowanipore P.S, is taken on record.

It appears from the report that the sole petitioner herein, namely, Izhar Hussain, son of late Tahir Hussain died on 31st May, 2022. He was an accused person against whom chargesheet no. 275 of 2015 dated 30.11.2015 under sections 498A/494 read with section 120B/34 of the IPC arising out of F.I.R. no. 07 dated 04.01.2015, Police Station - Bhowanipur corresponding C.G.R. 61 of 2015 pending before the learned Judicial Magistrate, 6th Court at Alipore, South 24 Parganas (C.G.R. 1279 of 2018) - T.R. 445 of 2018 (State Vs. Gautam Seth and ors. was filed.

The petitioner has challenged this chargesheet before this court by way of an application under sections 397 read with section 482 of the Criminal Procedure Code. Under the above circumstances, the case is hereby abated with regard to the petitioner, Izhar Hussain. Accordingly, CRR 387 of 2020 is, thus, disposed of.

Interim order, if any, stands vacated.

Let a copy of this order be communicated to the learned court below immediately for information. Liberty is granted to all parties to act in terms of the copy of this order downloaded from the official website of this court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties taking all legal formalities. ( Ajay Kumar Gupta, J. )