Shyam Sundar Poddar v. State of West Bengal
Case brief
What is this about?
Abatement-on-death disposal of a criminal revision concerning an Essential Commodities Act conviction: with the convict-revisionist dead (reported dead 18.09.2015 by SP, Barasat Police District) and no legal heir continuing CRR 3098 of 2012 (Shyam Sundar Poddar v. The State of West Bengal), the court disposed of the revision as abated without addressing the merits of the affirmed conviction (Judicial Magistrate, 7th Court, Barasat, GRE Case No. 180 of 1977, S. 7(1)(a)(2) EC Act, conviction dated 20.05.2005; affirmed by Additional Sessions Judge, Barasat in Criminal Appeal No. 3 of 2005 on 29.06.2012). Order dated 14.06.2024 by Partha Sarathi Sen, J.; records directed to the trial and first appellate courts. Utility: illustrates abatement practice on the convict's death; carries no ruling on the substance of the offence or conviction.
What did the court decide?
No substantive relief; the revision was declared abated on the revisionist's death. Ministerial directions issued: the department to forward a copy of the order with the lower-court record to the learned Trial Court forthwith, and a copy of the order to the learned first appellate court for information.