Calcutta High CourtCRA/171/1997dismissed

Manju Sarkar v. Nirode Bhowmick

2025-07-25Hon'Ble Justice Prasenjit Biswas2 pages

25.07.2025 Sl. No.7 AMR Ct.No.655 CRA 171 of 1997 In the matter of : Smt. Manju Sarkar .... Appellant Mr. Ziaul Haque Mr. Himadri Kumar Mahata ...for the Respondents Mr. Debasish Roy, Ld. PP Ms. Faria Hossain Ms. Suparana Chatterjee ...for the State

1. Nobody appears on behalf of the appellant/complainant.

2. Respondent nos. 1 to 3 are represented by the learned advocate.

3. Learned advocate on behalf of the respondent no. 4/State is present.

4. This instant appeal has been preferred at the behest of the appellant/complainant challenging the impugned judgment and order of acquittal passed by the learned Trial Court dated 30.01.1997 in connection with Case No. C-273/89 wherein these respondent nos. 1 to 3 were found not guilty for commission of the offence as alleged against them and they were acquitted from the case.

5. Being aggrieved and dissatisfied with the said impugned judgment and order of acquittal, the present appeal is preferred at the behest of the appellant/complainant.

6. In pursuance of the direction, a report is submitted by the Officer-in-Charge, Tiljala Police Station indicating that during pendency of this appeal, the sole appellant/complainant, Smt. Manju Sarkar, was expired on 01.04.2013. A photocopy of certificate of death of the said appellant, Manju Sarkar, was collected and annexed with the report, which also affirms the death of the said appellant/complainant, Manju Sarkar.

7. The report, submitted by the Officer-in-Charge, Tiljala Police Station, be kept with the record.

8. After perusing the impugned judgment and order of acquittal, this Court finds nothing to interfere with the said impugned judgment and order. Accordingly, the instant appeal be and the same is hereby dismissed affirming the impugned judgment and order passed by the learned Trial Court.

9. Thus, the criminal appeal be and the same is hereby dismissed on merit.

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.)