Jahangir Alam& Anr vs Unknown
2022 Latest Caselaw 522 Cal

11.2.2022 S.D.

24.

C.R.A. 613 of 2005 (Via video conference)

In the matter of: Jahangir Alam& Anr.

......Appellants.

Mr. Rudradipta Nandy Md. Khairul Md. Irfan ...for the appellants.

Mr. Binoy Kumar Panda Ms. Puspita Saha ...For the State.

The appeal is listed today for hearing.

Learned Advocates for the state are present. Md. Khairul along

with Md. Irfan, learned advocates appearing for the appellants seek leave

to file vokalatnama before the department along with N.O.C.

Leave is granted.

This is an appeal against order and judgment dated

18.8.2005/20.8.2005 passed by learned Additional District and Sessions

Judge, 1st Court, Asansol in Sessions Case No. 54 of 2003 corresponding

to Sessions Trial No. 8 of 2004.

Learned advocates for the appellants submit that appellant no. 1,

Jahangir Alam has served his period of sentence at Asansol Correctional

Home and does not want to proceed further with this appeal. It is also

submitted that co-convict/appellant, Jahanara @ Jahanara Khatoon @

Jahana has expired on 25.9.2014. In support of such submission, a xerox

copy of death certificate has been filed. Let the same be taken on record.

Considered the submission.

The appeal abates against Jahanara @ Jahanara Khatoon @ Jahana

under Section 294 (1) of the Cr.P.C. on her death on 25.09.2014 and the

same is dismissed for non-prosecution in respect of the appellant,

Jahangir Alam.

The appeal is accordingly disposed of.

Let a copy of this order along with Lower Court Records be sent to

learned Additional District & Sessions Judge, 1st Court, Asansol for

information.

(Ananda Kumar Mukherjee, J.)