Tapan Kr Maitys v. State Of West Bengal & ANR

02.05. 2023 item No.11 n.b.

ct. no. 551 CRR 1467 of 2017 with IA no. CRAN 6 of 2018(Old No. CRAN 2876 of 2018) + CRAN 9 of 2019(Old No. CRAN 3122 of 2019) + CRAN 10 of 2019(Old No. CRAN 4971 of 2019) + CRAN 11 of 2021 Tapan Kumar Maity Vs.

State of West Bengal & Anr.

Ms. Faria Hossain, Ms. Mamata Jana, .....for the State State is represented by Ms. Faria Hossain, learned advocate and Ms. Mamata Jana, learned advocate. Ms. Jana, learned advocate appearing on behalf of the State submits a report contending inter alia the notices upon the complainant/victim and the advocate of the accused persons. It appears from the notice that the notice was received by the victim but they opted not to appear before this Court. It has been observed by this Court on 24.4.2023 that State submitted a Memo of Evidence with the death certificate of the present petitioner. Due to pendency of the instant criminal revisional application the final report was not accepted by the learned court below. It further appears that the notice upon the complainant i.e. victim has been serve by the State but she did not appear. Accordingly, there is not illegality or impediment to pass an

appropriate order in this case. Hence it is ordered that the instant criminal revisional application be dismissed as infructous due to death of the present petitioner.

Connected applications if pending are also disposed of. Any order of stay passed by this Court during the continuation of the instant criminal revisional application is also vacated.

Report filed by the learned advocate appearing on behalf of the State be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Subhendu Samanta, J.)