The Calcutta High Court at Jalpaiguri dismissed the appeal as withdrawn by the surviving appellant and held it abated against the deceased co-appellant.
The appeal dismissed; no order as to costs; copy of death certificate taken on record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI
21.12.2021 Item No.5 Court No. 01 sg
MAT 15 of 2021 With CAN 1 of 2021
Dinesh Kumar Agarwal & Anr. Versus The State of West Bengal & Ors.
Mr. Rahul Mishra
Mr. Binod Kr. Chakraborty
…for the appellant no.1
The learned Counsel for the appellant no.1 submits that he has been instructed by the appellant no.1 to withdraw this appeal.
The learned Counsel has also produced the death certificate of the appellant no.2.
It appears from the death certificate that the appellant no.2 died on 1st April, 2021. No step has been taken for substitution.
Under such circumstances, the appeal of the appellant no.1 stands dismissed as withdrawn and as against the appellant no.2, it is abated.
The appeal accordingly, stands dismissed. However, there shall be no order as to costs.
Copy of the death certificate of the appellant no.2 is taken on record.
(Biswajit Basu, J.) (Soumen Sen, J.)
Dinesh Kumar Agarwal & Anr.
The State of West Bengal & Ors.
Biswajit Basu
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
