The Single Judge set aside a prior direction requiring the State to submit a report in an appeal, holding that the appeal is no longer tenable as the respondent (accused) had died.
The appeal was disposed of as infructuous due to the death of the respondent; the coordinate Bench direction to submit a report was effectively negated.
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04. 20.01.2023 bd.
CRA 265 of 2019 Sisir Kumar Dutta -vsSri Jiten Sil Mr. Narayan Prasad Agarwala Mr. Avishek Sinha Mr. Pratick Bose ….For the State.
Pursuant to the direction given by the coordinate Bench on 5th August, 2022 the State submitted a report and from the said report it appears that the accused before the learned Trial Court, respondent before this Court in the appeal died on 12th November, 2019.
This appeal challenges the order of acquittal passed by the learned Trial Court. With the death of the accused/respondent, the appeal has lost all its relevance and thus disposed of being infructuous.
Copy of the order sheet and lower Court records be sent down to learned Trial Court.
(Siddhartha Roy Chowdhury, J.)
Sisir Kumar Dutta
Sri Jiten Sil
Siddhartha Roy Chowdhury
As recorded by the court registry
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