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Judgment
Anubha Rawat Choudhary, J
Heard Mr. A.K. Sahani, learned counsel appearing on behalf of the petitioner.
Heard Mr. Arup Kumar Dey, learned counsel appearing on behalf of the opposite party-State.
Learned counsel for the petitioner as well as learned counsel for the State jointly submit that as per the affidavit filed by the State, the sole petitioner has expired. As per the report, the names of two family members of the petitioner i.e. his sister-in-law, Anima Biswas and nephew, Dipu Bishwas along with their Voter Identity Card has been filed in the present case by the State. The learned counsel for the petitioner has further submitted that to the best of his knowledge, the petitioner was unmarried and accordingly Dipu Bishwas, nephew would be the legal representative of the petitioner. He submits that notice may be issued to Dipu Bishwas at the address which is reflecting in his Voter Identity Card so that he may take appropriate steps in this case to contest the present case as the matter relates to bouncing of cheque and money is involved which would still be realisable in spite of death of the sole petitioner. Dipu Bishwas, nephew of the petitioner, will also have to file an affidavit as to how he would be the legal representative of the petitioner by stating the details of the family members of the deceased petitioner.
Considering the aforesaid submissions, office is directed to issue notice to the nephew of the petitioner namely Dipu Bishwas, s/o Ramesh Chandra Bishwas, resident of 177 Dimna Basti, Post Mango, District East Singhbhum, PIN-831012 through the officer in charge of the concerned police station as well as through speed post.
The learned counsel for the State is directed to seek instructions from the officer in charge of the concerned police station and file appropriate affidavit in the present case regarding service of notice to Dipu Bishwas. Office is further directed to track the speed post delivery and give appropriate office note in connection with service of notice.
Post this case on 11.11.2021.
The affidavit of the state regarding service of notice should be filed prior to the next date of listing.