This application is directed against the order dt. 13-09-1988 passed by the learned Metropolitan Magistrate, 12th Court, Calcutta in Case No. C/372 of 1984 under sections 323/504/448/427 of the Indian Penal Code allowing opposite party Pasupati Nath Ghosh to conduct the prosecution in place of the complainant Indrani Ghose who had died during the pendency of the case.

2. The accused/petitioners are being tried for the offences under sections 323/504/448/427 of the Indian Penal Code and it is a summons procedure case. The complainant had died on 8th March 1988. Before that, examination of prosecution witnesses was over and the prosecution was closed on 18th January 1988. Defence declined to adduce any evidence. On 23rd March 1988 one Pasupati Nath Ghosh (O.P. in this revisional application) filed an application praying for permission to continue and conduct the prosecution in place of the complainant who had died. On 16th April 1988 one Chunilal Ghose also filed a similar application seeking permission to continue and conduct the prosecution. After hearing the learned Advocates of all sides, the learned Magistrate, by his impugned order, allowed the application filed by Pasupat