Alok Biswas @ Alok Kr. Biswas vs The State Of Jharkhand
2023 Latest Caselaw 3444 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Revision No. 589 of 2009

      Alok Biswas @ Alok Kr. Biswas                   ... Petitioner
                             - Versus -
      1. The State of Jharkhand
      2. Babu Ram & Company                        ... ... Opp. Parties
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For Petitioner : Mr. A. K. Sahani, Advocate For the Opp. Party-State : Mr. Arup Kr. Dey, A.P.P.

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10/11.09.2023 Heard the parties.

It appears that petitioner Alok Biswas @ Alok Kr. Biswas has died during the pendency of criminal revision application and the petitioner has filed this revision application against the judgment and order dated 16.04.2009, passed by Shri. S. H. Kazmi, learned Sessions Judge, East Singhbhum, Jamshedpur in Criminal Appeal No.220 of 2006, whereby and wherein, the learned Sessions Judge, East Singhbhum, Jamshedpur, upheld the judgment of conviction and order of sentence dated 25.07.2006, passed by Sri K. K. Prasad, learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.967 of 2005, holding the petitioner Alok Biswas @ Alok Kr. Biswas guilty of offence under Section 138 of the N.I. Act and thereby, sentencing him to undergo S.I. for one year and to pay compensation of Rs.28,25,000/- to the opposite party No.2.

The petitioner Alok Biswas @ Alok Kr. Biswas has died during the pendency of the criminal revision application.

The State has filed an application for impleading Dipu Biswas nephew of Alok Biswas @ Alok Kr. Biswas as party in this case as Alok Biswas @ Alok Kr. Biswas has died issue less and his nephew Dipu Biswas was his beneficiary.

Notice was ordered to be issued on 18.10.2021 to Dipu Viswas through Officer In-charge, Mango Police Station. Officer In-charge, Mango Police Station has submitted a report that house of the petitioner Alok Biswas @ Alok Kr. Biswas, which was mortgaged to

Bank against loan taken by him was seized by the Bank due to non payment of loan and it has been auctioned to one Tarkeshwar Singh, who is residing at that house. He has further reported that he is not aware of whereabouts of Dipu Biswas.

In view of the aforesaid fact, as the petitioner Alok Biswas @ Alok Kr. Biswas has died and his legal heirs have not been traced out, this criminal revision application stands abated.

(Ambuj Nath, J.) Jay/-