Shome Nath De v. State Of West Bengal & ANR

26.07.2022 Ct.21 AKG CRR 3836 of 2008 In Re: - An application under Section 482 of the Code of Criminal Procedure, 1973 And In the matter of: Shome Nath De .... Petitioner Mr. Jayanta Narayan Chatterjee, Mr. Anirban Dutta ...For the Petitioner Mr. Saket Sharma, Ms. Chitra Sharma ...For the Opposite Party No. 2 Let the affidavit of service filed on behalf of the petitioner be kept with the records.

Mr. Saket Sharma, learned advocate appearing for the opposite party no. 2, submits that opposite party no.2/sole accused in the complaint case namely, Padma Devi died in the year 2017. In that view of the matter, this complaint case no.686-C/08 pending before the learned Judicial Magistrate, 4th Court, Howrah under Section 11 (1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 cannot proceed any further against the opposite party no.2. The present revisional application has also, therefore, become infructuous.

Accordingly, CRR 3836 of 2008 is dismissed as infructuous. The petitioner will be at liberty to take appropriate step in accordance with law, if so advised, against the legal heirs of the opposite party no. 2.

Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Kausik Chanda, J.)