B. P. SINHA, K. N. WANCHOO, K. SUBBA RAO, N. H. BHAGWATI, S. R. DASS
Pranab Kumar Mitra – Appellant
Versus
State Of W. B. – Respondent
Based on the provided legal document, here are the key points:
Judgement
B. P. SINHA, J. : The simple question for determination in this appeal on a certificate of fitness granted by the High Court of judicature at Calcutta, is whether a pending application in revision made under S. 439 of the Code of Criminal Procedure (to be referred to hereinafter as the Code), finally abates on the death of the petitioner in the High Court, and if so, to what extent.
2. It is not necessary to set out, in detail, the facts of the prosecution case and the evidence upon which the findings of the courts of fact were based, except to state that the appellant s father, Sailendra Sundar Mitra, was tried and convicted by a Magistrate of the first class, at Alipore. The appellate court has set out the case against the accused in these words: "The charge against the accused was that on the 2nd December, 1946, at Garden Reach, the accused, being an employee as Establishment Clerk of B. C. II Section in the Traffic Accounts Office of B. N. Railway (now Eastern Railway), cheated the said B. N. Railway Administration by dishonestly inducing it by means of false representation in the pay bill of the nongazetted staff for November, 1946, to deliver to him Rs. 205-13-0 and t
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