Maniklal Sarkar v. Nirmalendu Biswas

28.11.23 Sl-31 Ct.33 (S.R.) CRR 3648 of 2011 In the matter of : Manik Lal Sarkar ... petitioner.

Mr. Swapan Kumar Mallick ... for the petitioner.

The report submitted by the Judicial Magistrate, 3rd Court, Ranaghat, Nadia through the District Judge, Nadia dated 30th September, 2023 be kept on record. The report stated that the learned advocate for the complainant had submitted a photocopy of death certificate and Aadhar Card of the complainant, who had expired on 19th December, 2019.

The instant revisional application has been filed for quashing the proceedings of Case No.16-C/2011 under Sections 323/506 of the Indian Penal Code pending before the learned Judicial Magistrate, 1st Class, 3rd Court, Ranaghat, Nadia.

Perused the contentions of the complaint as well as the statement recorded under Section 200 of the Criminal Procedure Code. The dispute between the parties arose due to resistance offered to the complainant by the accused on his way to collect crops. The nature of dispute between the parties in the event of the death of the complainant, if allowed to continue, will result in abuse of the process of law since proper

evidence on record will not be obtained.

Under such circumstances, the instant revisional application has become infructuous and, accordingly, disposed of.

(Ananya Bandyopadhyay, J.)