Abeda Bibi v. Nasim Ahamed & ANR

Item No. 19 06.12.2024.

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IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 1693 of 2018 Abeda Bibi

Versus

Nasim Ahamed & Anr.

Mr. Joydeep Das.

...For the petitioner.

1.

By filing this revisional application, the petitioner has challenged the impugned judgment dated 1st May, 2018 passed by the learned Sessions Judge, 1st Court at Howrah in Criminal Appeal No. 16 of 2014 (Abeda Bibi - Vs. - Nasim Ahamed & Anr.) thereby the learned Sessions Judge, 1st Court, Howrah allowed the criminal appeal in part without any costs and further directed to the accused/petitioner to undergo sentence till rising the Court and to pay a compensation of Rs.1,20,000/- to the complainant within one month from the date of receipt of a copy of the judgment by the Trial Court, in default, simple imprisonment for one month.

2.

Initially a Co-ordinate Bench of this Court has stayed the said impugned order for a period of four weeks subject to deposit of Rs.78,000/- to the learned Judicial Magistrate, 4th Court, Howrah.

3.

Pursuant to the said order dated 23rd July, 2018, a sum of Rs.50,000/- has been deposited by the petitioner before the Registrar, Howrah Court on 20th April, 2016.

4.

The petitioner submits, in the mean time, the matter has been disposed of by the learned Judicial Magistrate, 4th Court, Howrah vide order dated 2nd May, 2023, when the convict/petitioner herein made a payment of Rs.1,20,000/- to the complainant and the money receipt of the said payment has already been acknowledged by the complainant before the learned Court below.

5.

In view of the facts as aforesaid, the said matter was disposed of by the Learned Trial Court and the convict was released after recalling the order of warrant of arrest. 6.

Considering the above facts and circumstances, this revisional application has become infructuous and the same is dismissed as infructuous.

7.

Consequently, CRR 1693 of 2018 is disposed of. 8.

The petitioner is at liberty to withdraw the amount which was deposited before the Registrar, Howrah Court. 9.

Certified copy of order dated 2nd May, 2023 filed by the petitioner is taken on record.

10.

Let a copy of this order be communicated to the Court below for information.

(Ajay Kumar Gupta, J.)