Prasanta Maity v. Shib Shankar Paul & Anr.
Criminal revision – CRR 2582 of 2012 – In the matter of Prasanta Maity (petitioner)
Case brief
What is this about?
Single-judge order dated 22.02.2024 in CRR 2582 of 2012 (In the matter of Prasanta Maity, petitioner), by Ananya Bandyopadhyay, J., disposing of a 2012 criminal revision as infructuous. Grounds: (a) underlying C.R. Case No. 21 of 2010 before the Judicial Magistrate, 2nd Court, Durgapur dismissed for non-prosecution vide order dated 21.09.2017; (b) police report dated 05.02.2024 of the Officer-in-Charge, Coke Oven Police Station, ADPC with death certificate recording the petitioner's death on 16.01.2015. Copy of order directed to be sent to the trial court for information. No appearance by counsel; no statutory provision or precedent cited; no adjudication on merits. Keywords: infructuous; abatement by death of petitioner; dismissal for non-prosecution; C.R. Case No. 21 of 2010; Durgapur; Coke Oven Police Station ADPC; death certificate.
What did the court decide?
In view of the dismissal of the underlying C.R. Case No. 21 of 2010 for non-prosecution and the death of the petitioner Prasanta Maity, the criminal revisional application has become infructuous and is disposed of.