R.P.Gupta v. Swapan Kumar Hazra

25.07.2025 Sl. No.9 AMR Ct.No.655 CRA 310 of 1999 In the matter of : R. P. Gupta .... Appellant Mr. Sohan Lal Adak ...for the Respondent

1. Nobody is present on behalf of the appellant/complainant.

2. Respondent/Opposite party, Swapan Kumar Hazra, is represented by the learned advocate.

3. This instant appeal has been preferred at the behest of the appellant/complainant challenging the impugned judgment and order of acquittal passed by the learned Trial Court dated 25.09.1998 in connection with Case No. C-309 of 1995.

4. In pursuance of the direction, a report was submitted by the Additional O.C., Cossipore P.S. indicating that he was informed by the son of the complainant, Rajendra Prasad Gupta (R. P. Gupta) that this appellant/complainant has already been expired, but no certificate of death was produced before him.

5. As the appellant/complainant has already been expired, the instant criminal appeal should be decided on merit.

6. I perused the impugned judgment and order passed by the learned Trial Court dated 25.09.1998 and after perusing the

said judgment and order, I find nothing material to interfere with it.

7. Accordingly, the instant appeal be and the same is hereby dismissed affirming the impugned judgment and order of acquittal passed by the learned Trial Court dated 25.09.1998 in connection with Case No. C-309 of 1995.

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

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