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Calcutta High CourtCRA/78/2019disposed

Kujrat Ali @ Kujrat Ali Sekh @ Sekh Kujrat Ali v. State Of West Bengal

2022-08-02Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Appellate Jurisdiction Appellate Side 02-08-2022 Subha Item no.15 CRA 78 of 2019 Kujrat Ali @ Kujrat Ali Sekh @ Sekh Kujrat Ali -vsState of West Bengal.

Mr. Sabir Ahmed Mr. Mujibar Ali Naskar Mr. Apan Saha Mr. Shraman Sarkar ..for the appellant.

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...for the State.

Report submitted by Mr. Chakraborty, learned advocate for the State be kept with the record.

The report has been prepared by an Officer of Tufanganj PS, Cooch Behar forwarded by the Officer-in-Charge of the same police station which incorporates a Photostat copy of Certificate of Death of the appellant. The Officer concerned who prepare the report has also stated that an enquiry was conducted and it was found that the appellant, Kujarat Ali Seikh has expired.

Mr. Sabir Ahmed, learned advocate appearing for the appellant submits that in such circumstances, he is not pursuing the appeal on merits as the same has been abated under Section 394 of the Code of Criminal Procedure Accordingly, CRA 78 of 2019 is disposed of.

Pending applications, if any, are hereby dismissed.. Interim order, if any, is hereby vacated.

The lower court records be sent back to the respective courts within a period of two weeks All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court.

[Tirthankar Ghosh, J]