Sunil Kumar Kallani@Sunil Kalyani v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 18-02-2025 Sl.no.66 sg Criminal Revisional Jurisdiction Appellate Side CRR No. 455 of 2024 In the matter of: Sunil Kumar Kallani @Sunil Kalyani Ms. Rima Sarkar Ms. Sidhi Sethia ...for the petitioner Mr. Aditi Shankar Chakraborty, Ld.APP Mr. Kallol Acherjee, Ld.PP ...for the State Mr. Suresh Kr. Mitruka (VC) Mr. Aayush Mitruka (VC) Ms. Shruti Yadav Mr. Sujit Swami ...for the legal heir of Respondent no. 2 The petitioner has filed the instant case against a dead person, i.e., the opposite party no. 2, who, the petitioner says, has died on March 20, 2024 (in paragraph 11 of the present petition).

The opposite party no. 2 is the deceased defacto complainant. It is learnt that the said defacto complainant has not been substituted in the proceeding before the learned Trial Court.

A case being filed against a dead person would not be maintainable. Hence, this revision is disposed of on the

said ground with liberty granted to the petitioner to take appropriate steps and file revisional application, if any, afresh in future.

Accordingly, CRR/455/2024 is disposed of.

( Rai Chattopadhyay, J. )