Citation : 2022 Latest Caselaw 2568 Cal
Judgement Date : 6 May, 2022
06.05. 2022 item No.15 n.b.
ct. no. 34 CRR 95 of 2013 + IA No. CRAN 1 of 2020(Old No. CRAN 1228 of 2010)
Om Prakash Agarwal Vs.
Smt. Hira Devi Drolia
Mr. Ayan Bhattacherjee, .... For the petitioner.
Mr. Sourav Chatterjee, ... For the Opposite party Mr. Anwar Hossain, Ms. Debjani Sahu ... For the State.
Learned advocate for the petitioner submits that during
the pendency of the revisional application the petitioner has
expired.
The revisional application was preferred challenging the
judgment and order of conviction and sentence affirmed by the
learned Appellate Court. I find that the sentence so imposed by the
Learned Judicial Magistrate, 6th Court, Bankura was simple
imprisonment for six months and a fine of Rs.5,000/- in default,
S.I. for further two months. By the same judgment, an order of
compensation of sum of Rs.4,50,000/- was directed to be paid by
the petitioner within six months. At the time of admission of this
revisional application pursuant to the direction passed by a Co-
ordinate Bench of this Court an amount of 25 per cent of the
compensation amount has already been deposited before the
learned Trial Court as is reflected from the records. As there was
no persuasion on behalf of the complainant Mr. Sourav Chatterjee,
learned advocate was directed to appear and represent the
complainant as he is empanelled with the High Court Legal Aid
Services Authorities.
However due to change of circumstances during the
pendency of the revisional application it was not possible for Mr.
Chattejree to establish any contact with the complainant.
Mr. Anwar Hossain, learned advocate, who ordinarily
appears for the State, is directed to appear in this matter and
represent the State. His appointment may be regularized by the
concerned authority.
Learned advocate for the State is directed to communicate
with the Officer in Charge Bankura Police Station who would
inform the complainant regarding the pendency of the revisional
application before this Court as also the deposits which are lying in
connection with the instant case before the Learned Judicial
Magistrate, 6th Court, Bankura. Report may be submitted by the
Officer in Charge, Bankura Police Station on the next date fixed for
hearing.
List the revisional application under the heading "For
Orders" on June 7, 2022.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
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