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Calcutta High CourtCRA/97/2001disposed

Smt. Kanaklata Das v. Sambhu Charan Metya

2022-02-10Honble Justice Ananda Kumar Mukherjee2 pages

10.2.2022 S.D.

21.

C.R.A. 97 of 2001 In the matter of: Smt. Kanaklata Das ......Appellant.

The appeal is listed today for appearance of the complainant/appellant in person and a report from Officer-in-Charge, Tamluk Police Station.

This appeal has been preferred under Section 378(4) of the Cr.P.C. being aggrieved with the judgment and order of acquittal passed by learned Sub-Divisional Judicial Magistrate, Tamluk in Case No. 542C of 1997.

Report has been submitted by Section Officer/Assistant Registrar of this Court dated 10.1.2022 wherefrom it appears that administrative notice was issued to the appellant, Smt. Kanaklata Das and it is further reported that the appellant, Smt. Kanaklata Das has expired. A copy of death certificate has been produced showing that the appellant expired on 21.6.2003.

Considered.

Under the facts and circumstances, the appeal has abated under Section 394(1) of the Cr.P.C. on account of death of the appellant. The appeal is accordingly disposed of.

Let a copy of this order along with the Lower Court Records of Case No. 542C of 1997 be returned to the Court of learned Chief Judicial Magistrate, Tamluk for information.

(Ananda Kumar Mukherjee, J.)