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Calcutta High CourtCRA/68/2001disposed

Sadananda Napit v. Bharat Mahato

2025-07-14Hon'Ble Justice Prasenjit Biswas2 pages

14.07.2025 Sl. No.61 AMR Ct.No.655 CRA 68 of 2001 In the matter of : Sadananda Napit .... Appellant 1.

None appears on behalf of the appellant/complainant. 2.

Respondents/accused person nos.

to are not represented.

3.

In pursuance of the direction, a report is submitted by the Officer-in-Charge, Arsha P.S., District-Purulia indicating that during pendency of this appeal, the appellant/complainant, namely, Sadananda @ Sadai Napit @ Paramanik was expired on 06.06.2010. A photocopy of certificate of death of the said appellant/complainant was collected by the concerned police station and tagged with the report which also affirms the death of the said appellant/complainant.

4.

The said report also says that during pendency of this appeal, respondent nos. 1 and 2, namely, Bharat Mahato and Rathu Mahato were also expired. A photocopy of certificates of death was collected by the concerned police station which also affirms the death of the said respondent nos. 1 and 2. 5.

Although the service was effected upon the respondent nos. 3 to 5, they do not appear before this Court today. As the

respondent/accused person nos. 1 and 2 have already been expired during pendency of this appeal, the instant appeal stands abated against them.

6.

The appellant/complainant, Sadananda @ Sadai Napit @ Paramanik was also expired and as such, the instant appeal should be decided on merit.

7.

I have perused the impugned judgment and order of acquittal passed by the leaned Trial Court dated 19th September, 2000 in connection with Complaint Case No. 63 of 1995 and I find nothing material in this appeal to interfere with the said impugned judgment and order of acquittal passed by the learned Trial Court.

8.

Accordingly, the instant appeal be and same is dismissed on merit affirming the impugned judgment and order of acquittal passed by the learned Trial Court dated 19th September, 2000. 9.

Thus, the instant appeal is hereby disposed of.

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

11. Urgent photostat certified copy of the order, if applied for, be given to the parties upon complying with all legal formalities. (Prasenjit Biswas, J.)