Dr. Atanu Chattopadhyay And ORS v. State Of West Bengal And ORS.

25.07.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 9988 of 2021 Dr. Atanu Chattopadhyay & Ors.

-versus The State of West Bengal & Ors.

Dr. Atanu Chattopadhyay.

...Petitioner in person.

Mr. Billowdal Bhattacharya, Mr. Ayanabha Raha.

...For UOI.

Mr. Anuran Samanta.

...For ECI.

Mr. Ramashis Mukherjee, Mr. Rameshwar Saha.

...For the Private Respondents.

The petitioner No.1 appears in person.

The petitioner No.3 has expired during the pendency of the writ petition.

The prayers of the writ petition are primarily with regard to the cruelty that was inflicted upon the petitioner No. 3.

Several prayers are made seeking relief under the Protection of Women from Domestic Violence Act, 2005. After hearing the submission made on behalf of the petitioners, it appears that the cause of action for

filing the writ petition does not survive in view of the death of the alleged victim Smt. Singdha Chatterjee, the petitioner No.3 herein during the pendency of the present writ petition.

If the surviving petitioners are aggrieved by any other act on the part of the respondents, it will be open for the petitioners to file fresh writ petition upon the fresh cause of action.

The writ petition stands dismissed.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)