Biswajit Acharya @ Biswajit Acharjya v. State Of West Bengal

10.06.2022 Item no. 30 Ct. No. 16 PG C.R.R. 313 of 2014 In The Matter of : An Application under Section 401 and Section 482 of the Code of Criminal Procedure. And In The Matter of : Sri Biswajit Acharya @ Biswajit Acharjyaa ....................Petitioner Mr. Navanil De................for the petitioner Mr. Narayan Prasad Agarwal......for the State Ld. Advocate on behalf of the petitioner is present. In this revision the petitioner has challenged an order of Judicial Magistrate, Dantan, Paschim Midnapore dated 16th December, 2013 rejecting his prayer under section 311 of the Criminal Procedure Code, 1973 for further examination of O.P.W. 3 and further cross-examination of P.W. 3 in M.R. Case No. 28 of 2007, under section 125 of the Criminal Procedure Code, 1973 which was pending before it.

Record reveals that in this case this court has not granted any order of stay of proceedings pending before the trial court, i.e, M.R. Case No. 28 of 2007.

It is submitted by the learned advocate for the petitioner that due to efflux of time the dispute and challenges raised in this revision petition under section 481 read with section 482 of the

Criminal Procedure Code are not existing any more and the cause of action of the petitioner remains no more alive. Considering all the facts and circumstances and the materials on record, this Court is of the opinion that nothing remains to be adjudicated in this revision and the C.R.R. 313 of 2014 is disposed of as infructuous.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously to the parties after complying with all necessary legal formalities.

(Rai Chattopadhyay, J.)