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Calcutta High CourtCRR/942/2013dismissed for non prosecution

Smt Snehalata Pati v. Ramprasad Patra & ORS

2022-05-02Honble Justice Ananda Kumar Mukherjee2 pages

02.05.2022 ct.no.35 sk & Ali sl.4 CRR 942 of 2013 Smt. Snehalata Pati Vs Ramprasad Patra & Ors.

Mr. Bharat Ch. Simai .......for the Petitioner.

Mr. Bharat Ch. Simai, learned advocate appears for the petitioner.

None appears for the opposite party Nos. 1 to 4. The revisional application was filed by the petitioner under Section 482 read with section 401 of the Code of Criminal Procedure challenging the judgement and order dated 26.02.2013 passed by the learned Sub-divisional Executive Magistrate, Egra in Misc. Case No. 104 of 2012 under Section 133 of Code of Criminal Procedure. It appears from the record that after filing of this revisional application a Writ Petition No. 24714(w) of 2014 was filed by the petitioner against the State and by an order dated 10.12.2015 Hon'ble Justice Debangsu Basak, directed the respondent No. 2 to pass a reasoned order after providing and affording reasonable opportunity of hearing to the petitioner as also to any other party, if they are considered necessary by him and shall communicate the same to the parties immediately thereafter.

It appears from the order of the Hon'ble Single Bench of this Court and submission of learned advocate that the purpose of the petitioner for filing of this revisional application has been fulfilled and she has no further grievance against the Assistant Engineer, Contai Subdivision. The impugned order of the Sub-Divisional Magistrate has no force any more as there has been change of circumstances in the mean time and the public nuisance alleged to have been committed has been removed. In view of the facts and circumstances of the case and on hearing learned advocate, the revisional application is dismissed for non prosecution.

Let a copy of this order be sent to Learned Subdivisional Executive Magistrate, Egra for information. (Ananda Kumar Mukherjee,J)