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Calcutta High CourtCRR/2854/2011disposed

Baraburi Bauri v. State Of West Bengal

2023-09-22Hon'Ble Justice Ananya Bandyopadhyay2 pages

22.09.2023 cm CRR 2854 of 2011 In the matter of : Baraburi Bauri.

.... petitioner.

Mr. Samiran Mondal Mr. Abhinaba Dan .... for the petitioner.

Ms. Faria Hossain Ms. Baisali Basu Mr. Anand Keshari .... for the State.

The report filed by the Additional District & Sessions Judge, 2nd Court, Bakura dated 08.09.2023 stated that the Sessions Trial No. 01(02) 2010/S.C. No. 02(11)2009 has been disposed of on 11.08.2010 with an order of acquittal in favour of accused/opposite party No.2 herein. Let the said report be kept on record.

The opposite party No.2 i.e. Puchka @ Nabik Bauri has expired on 13.01.2021 as per the report of the A.S.I. of Gangajalghati Police Station, Bakura which is supported by a photocopy of the death certificate. Let the same be kept on record.

The impugned order dated 20.07.2010 passed by the Additional District & Sessions Judge, 2nd Court, Bakura in Sessions Trial No. 01(02) 2010/S.C. No. 02(11)2009, inter alia, stated as follows:

"That accused Nabik @ Puchka Bouri is found not guilty to the charge punishable under Section 376 of the Indian Penal Code and he is acquitted from the said charge under Section 235 of the Criminal Procedure Code on benefit of doubt. He be discharged from his bail bond and set at liberty forth-with ".

The petitioner has preferred this revisional application against an order of acquittal of opposite party No.2. In the event the opposite party No. 2 has expired.

Under such circumstances, the instant revisional application has become infructuous and disposed of. Copy of the order be sent to the trial court for information.

(Ananya Bandyopadhyay, J.)