Calcutta High CourtCRR/3603/2018dismissed

Gyan Chand Kotia & ORS. v. State Of West Bengal & ANR

2026-01-28Hon'Ble Justice Uday Kumar2 pages

14 28.01.2026 SM Court No.22 CRR 3603 of 2018 Gyan Chand Kotia & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Soumya Nag Mr. Aditya Tiwari ... for the petitioners

1. The Learned Advocate for the petitioners has submitted a copy of this Court's order dated January 9, 2026, passed in the related matter of CRR 2825 of 2018. It is clarified that both revisional applications-the current one and the related case-arose from the same underlying criminal proceedings.

2. While the related petition (CRR 2825 of 2018) was filed to quash the entire criminal prosecution, the present petition (CRR 3603 of 2018) had a more limited focus. It challenged a Trial Court order dated November 12, 2018, which had denied the petitioners' request for exemption from personal appearance under Section 205 of the Cr.P.C. Essentially, the petitioners were seeking the right to be represented by their lawyer without being physically present during every hearing.

3. On January 9, 2026, this Court disposed of the main criminal case after the parties reached a mutual settlement. By resolving their core disputes through compromise, the foundation of the criminal proceedings

was removed, and the prosecution was effectively quashed.

4. The Learned Advocate for the petitioners rightly points out that since the primary criminal case no longer exists, this secondary petition regarding "personal appearance" has lost its relevance. In legal terms, the matter has become infructuous-it no longer has a "live issue" to decide. It is a well-settled principle that once the main prosecution is extinguished, any interim procedural disputes arising from it must also come to an end.

5. To ensure the judicial record reflects the current reality of the settlement, the Court passes the following order: a. This revisional application, CRR 3603 of 2018, is hereby dismissed as infructuous in light of the quashing of the underlying criminal proceedings. b. Any interim stays or protective orders previously granted in this matter are hereby withdrawn and stand vacated.

c. All concerned parties are authorized to act upon the server copy of this order, available on the Court's official website.

d. An urgent certified copy of this order shall be provided to the parties upon request, following the completion of standard administrative formalities. (Uday Kumar, J.)