Writ petition seeking transfer of investigation to CBI dismissed as infructuous due to the death of the petitioner, as the right to sue does not survive.
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IN THE HIGH COURT AT CALCUTTA [CIRCUIT BENCH AT PORT BLAIR ]
WPA/171/2021
Deepika Kishan @ Deepika Kishen
… Petitioner Vs.
U.T. Andaman and Ors.
… Respondents
Mr. Deep Chaim Kabir, Mr.S. Ajith Prasad, Advocates … for the petitioner Mr.Krishna Rao, Advocate … for the respondents
September 16, 2021 [GNC]
Item No.7
The petitioner filed the instant writ petition seeking transfer of the investigation and be trial by the independent investigating agency preferably the Central Bureau of Investigation alleging the partition attitude of the Investigating Officer and the several officers belonging to the Police Administration. The interim order was passed but it has been brought to my notice that the petitioner unfortunately committed suicide on 30th July, 2021.
In view of the death of the petitioner right to sue does not survive and the application has become infructuous and is accordingly disposed of.
( Harish Tandon, J. )
Deepika Kishan @ Deepika Kishen
U.T. Andaman
Harish Tandon
As recorded by the court registry
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