Shome Nath De v. State Of West Bengal & ANR

26.07.2022 Ct.21 AKG CRR 3837 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. Madhusudan Sur, Mr. Dipankar Paramanick ...For the State Let the affidavit of service filed on behalf of the petitioner be kept with the records.

It appears that the postal articles have come back from opposite party no.2/accused with an endorsement 'Deceased'. It further appears that one G. Khawas received another copy of the application on behalf of opposite party no. 2.

Since the opposite party no. 2/accused had died during pendency of this revisional application, the complaint case no.687C/08 pending before the learned Magistrate, 4th Court, Howrah under Section 11 (1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 cannot be proceeded any further. Accordingly, the reivisional application has also become infructuous. Accordingly, CRR 3837 of 2008 is dismissed.

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.)