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Calcutta High CourtCRR/2211/2011dismissed

Nemai Ruidas & ORS v. State Of West Bengal & ANR

2023-10-17Hon'Ble Justice Ananya Bandyopadhyay2 pages

17.10.2023 cm CRR 2211 of 2011 In the matter of : Nimai Ruidas & Ors.

.... for the petitioners.

The report filed by the Inspector-in-Charge, Bagnan Police Station, Howrah Rural District dated 30.09.2023 stated that the petitioners namely Nemai Ruidas, Sukdeb Ruidas and Champa Ruidas have expired supported by copies of their death certificate. Let the same be kept on record.

Notice was served upon the opposite party No. 2 i.e. Sumitra Ruidas and petitioner No. 4 i.e. Kalpana Ruidas. No one appears for the parties today.

Perused the contention of the revisional application whereby it transpired that the complaint was initiated on the basis of a misunderstanding between the family members including parents and children. It further transpired that to allow to continue with the trial will result in abuse of process of law and burdensome for the trial court.

Accordingly, the instant revisional application is allowed. The proceeding being G.R. Case No. 1838 of 2010 arisen out of Bagnan Police Station case No. 334 of 2010 dated 06.09.2010 under Sections 498(A)/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Uluberia is accordingly quashed.

Copy of the order be sent to the Department as well as trial court for due compliance.

(Ananya Bandyopadhyay, J.)