Citation : 2021 Latest Caselaw 5631 Cal
Judgement Date : 9 November, 2021
09.11.2021
Item No.15
suman
Ct.25
(Via Video Conference)
CRR 1259 of 2007
With
CRAN 1 of 2007 (Old CRAN 587 of 2007)
In the matter of: Anil Kumar Bhattacharya
Mr. Jayanta Narayan Chatterjee
Ms. Nandini Chatterjee
Mr. Nazir Ahmed
Mr. S. Naskar
Ms. Ritushree Banerjee
Ms. Pritha Sinha
...for the petitioner
The instant revision is filed by one Anil
Kumar Bhattacharya challenging legality, validity
and propriety of the judgment and order of acquittal
dated 28th October, 2005 passed by the learned
Additional Sessions Judge, 3rd Court at Barasat in
S. T. No.1(6)02/S.C. 10(2)01. By passing the said
judgment the learned trial Judge acquitted the
respondent Nos. 1 and 2 from the charge under
Section 498A/306 of the Indian Penal Code. The
petitioner being the father of the victim /deceased
filed the instant revision.
It is submitted by Mr. Jayanta Narayan
Chatterjee, learned advocate for the petitioner that
he was appointed by the High Court Legal Services
Committee, Calcutta to represent the petitioner. It is
informed that during pendency of the instant
revision the petitioner has expired. Mr. Chatterjee
further submits that it is not possible for him to take
information as to whether the legal heirs and
successors of the petitioner, since deceased are
interested to proceed with the instant revision or not.
Even if they are interested to proceed with the
instant revision a fresh order of appointment in the
name of Mr. Chatterjee or any other advocate is
required from the High Court Legal Services
Committee to continue the instant proceeding.
In view of such circumstances, the High
Court Legal Services Committee is directed to inquire
as to whether the legal heirs and successors of the
original petitioner Mr. Anil Kumar Bhattacharya,
since deceased are willing to proceed with the instant
revision or not. A report shall be filed by the High
Court Legal Services Committee to such effect within
six weeks from the date.
In the meantime, let the instant revision go
out of list with liberty to Mr. Chatterjee to mention
the matter under any changed circumstance.
Mr. Chatterjee is at liberty to act on the
server copy of the order.
(Bibek Chaudhuri, J.)
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