Kajal Roy vs Prasanta Roy
2022 Latest Caselaw 251 Cal

01.02.2022
S/L No.27
KS                                      (Via Video Conference)
                                         C.R.A. 315 of 2000

                                              Kajal Roy
                                                -Vs.-
                                             Prasanta Roy




                   This appeal has been preferred by the appellant under

             Section 378(4) of the Code of Criminal Procedure challenging the

             judgment and order of acquittal dated 28.04.2000 passed by

             Learned Judicial Magistrate, Sadar, Howrah in Complaint Case

             No.281C/1994 under Section 406 of the Indian Penal Code.

                   None appears for the appellant and the respondent.

On 16.09.2021, the Registry was directed to issue

Administrative Notice for personal appearance of the

complainant/appellant, Kajal Roy and upon the

accused/respondent, Prasanta Roy through the Officer-in-Charge,

Chinsurah Police Station. The order has been complied with and

administrative report filed before the Court which indicates that

notice has been served upon Kajol Roy who has informed that

Prasanta Roy, the respondent who happened to be the husband to

the appellant died on 28.01.2020 and she is not willing to proceed

further with this case.

Perused the compliance report of the Learned Chief Judicial

Magistrate, Howrah in respect of service upon Prasanta Roy.

Since, the respondent has expired, the instant appeal abates under

Section 394(1) of the Code of Criminal Procedure.

Let a copy of this order alongwith Lower Court Records be

sent to the Court of the Learned Judicial Magistrate, Sadar,

Howrah for information.

(Ananda Kumar Mukherjee, J.)