The High Court dismissed an application under Section 439(2) CrPC for non-prosecution because the petitioner, Maria Rinki Biswas, had died.
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24.02.2022 Sl. No. 05 Srimanta Ct. No. – 42 D/L
IA NO.: CRAN/1/2020 (Old No. CRAN/4250/2020), CRAN/2/2020 (Old No. CRAN/4742/2020) [not found] in
CRM/2851/2020
(Via Video Conference)
In Re: An application under Section 439(2) of the Code of Criminal Procedure, 1973.
And
In the matter of : Maria Rinki Biswas
… Petitioner.
Mr. Pawan Kumar Gupta, Adv.
…for the petitioner.
Mr. Madhusudan Sur, Ld. A.P.P., Mr. Dipankar Paramanick, Adv.
…for the State.
It is submitted by the Learned Advocate for the petitioner under instruction that he is not willing to proceed with the instant application as the petitioner has expired.
In view of the above position, the instant application be dismissed for non-prosecution .
(Bibek Chaudhuri, J. )
1 issue framed by the court
Whether an application for bail under Section 439(2) CrPC should proceed when the applicant has expired.
1 provisions across 1 enactments
Maria Rinki Biswas
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
