Rabia Baskey v. State

CRA 663 of 2005 With IA No. CRAN 2 of 2007 (Old No. CRAN 891 of 2007) 22.09.2022 S/L. 1 Court No.12 Suvayan/ Sourav In the matter of: Rabia Baskey ....Appellant.

Mr. Partha Sarathi Bhattacharyya ...for the appellant.

Mr. S. G. Mukherji, Ld. PP Ms. Zareen N. Khan Md. Kutubuddin ...for the State.

Heard Mr. Partha Sarathi Bhattacharyya, learned Counsel appearing for the appellant and Mr. Kutubuddin, learned Counsel appearing for the State.

Perused the affidavit filed by Sri Goutam Roy, Inspector-inCharge, Tapan Police Station, Dakshin Dinajpur, the letter submitted by Sri Goutam Roy to learned Public Prosecutor, Calcutta High Court annexed to the affidavit, death certificate issued by the competent authority annexed to the affidavit. From the aforesaid materials, it is found that the sole appellant, namely, Rabia Baskey has expired on September 12, 2015 in his house at village - Seur, P.O and P.S. Tapan, Dist- Dakshin Dinajpur.

In view of the aforesaid fact of death of the sole appellant on September 12, 2015 and no near relative having come forward to proceed with the appeal within 30 days from the death of the appellant, the present appeal abates.

The Lower Court Record/Trial Court Record be sent back forthwith to the jurisdictional Trial Court.

In view of the aforesaid order, all pending interim applications are disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)