Tapan Kr. Singha v. Bibhuti Chakraborty

09.06.2025 Sl. No.7 AMR Ct.No.655 CRA 320 of 2000 In the matter of : Tapan Kumar Singha .... Appellant Mr. Arindam Sen Ms. Suparna Chatterjee ...for the State

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

2. Respondent no. 3 is not represented.

3. Respondent no. 4/State is represented by the learned advocate.

4. In pursuance of the direction passed by this Court, a report is submitted by the Superintendent of Police, Ranaghat Police District indicating that during pendency of this appeal, the appellant/complainant was expired on 28.12.2007.

5. The said report further indicates that the respondents/accused persons nos. 1 & 2 were also expired during the pendency of this appeal.

6. The report further says that the direction passed by this Court has been communicated to the respondent no. 3 and he acknowledged the same with his signature, but he does not appear before this Court today.

7. The instant appeal is preferred at the behest of the appellant/complainant challenging the impugned judgment and order dated 04th July, 2000 passed by the learned Magistrate, Kalyani, Nadia in connection with Complaint Case No. 103C of 1995 wherein these respondents/accused persons were found not guilty for the offence punishable under Sections 323/504 of IPC and they were acquitted under Section 255(1) of Cr.P.C.

8. Challenging the said order of acquittal, the present appeal is preferred on behalf of the appellant/complainant.

9. As the present appellant/complainant has already been expired, the appeal should be decided on merit.

10. I perused the impugned judgment and order passed by the learned Trial Court dated 4.7.2000 and I find there is nothing to interfere with the said impugned judgment and order of acquittal.

11. Accordingly, the instant appeal dehors of merit and is dismissed on merit.

12. The impugned judgment and order passed by the learned Trial Court dated 4.7.2000 in connection with Complaint Case No. 103C of 1995 is hereby affirmed.

13. The report submitted by the Superintendent of Police, Ranaghat Police District be kept with the record.

14. Let a copy of this order along with TCR be sent down to the learned Trial Court immediately.

15. Urgent photostat certified copy of the order, if applied for, be given to the parties upon complying with all legal formalities. (Prasenjit Biswas, J.)