Putul Hazarika v. Smt. Jamuna Thakuria and Anr

ORDER Date : 30.05.2024

Heard Ms. S. Sarma, learned counsel appearing on behalf Mr. D. Choudhury, learned counsel for the petitioner. Also heard Mr. S. K. Goswami, learned counsel for the respondent No. 1 and Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State respondent. The learned counsel for the petitioner has submitted that though by order dated 07.02.2018, the petitioner was directed to deposit an amount of Rs. 20,000/- before the Trial Court as a condition for admitting this Revision Petition and the learned counsel for the petitioner has tried his best to contact the petitioner. However, the petitioner has not come forward to deposit the said amount. It also appears from the record that the learned counsel for the petitioner had also sent a notice to the petitioner informing him about the order of this Court regarding requirement to deposit the amount of Rs. 20,000/- before the Trial Court as a condition for admission of this instant Criminal Revision Petition. It also appears that as the petitioner had failed to deposit the amount before the Trial Court as directed by this Court, by an order passed on

29.08.2023, this Court had vacated the stay order granted by this Court on the execution of the impugned order, making it clear that the Trial Court would be free to proceed with the execution of the order under challenge in the present criminal petition. Page No.# 3/3 As the petitioner has failed to comply with the condition precedent for admission of this Criminal Petition even after lapse of more than 5 years, this Court has no other option but to dismiss this instant Criminal Revision Petition. This Criminal Revision Petition is accordingly dismissed. Registry to send back the case record of the Trial Court, immediately along with a copy of this order.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010009912016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./60/2016o PUTULoHAZARIKAo S/OoLT.oSADMURoALIoBRAHMAPUTRAoHOUSINGoSOCIETY,oBHETAPARA,o CHARIALIoHOUSEoNO.o16,oBLOCK-A,o3RDoFLOOR,oGUWAHATIo-28. VERSUSo SMT.oJAMUNAoTHAKURIAoandoANR.o W/OoDR.oLT.oDULALoTHAKURIAoVILL-oMALIKUCHI,oNEARoGOPALoGOHAINo GHARoBIDYAPUR,oP.S.oandoP.O.oNALBARI,oDIST.oNALBARI.oPIN-o781335. 2:THEoSTATEoOFoASSAM oTHROUGHoPUBLICoPROSECUTOR oGAUHATIoHIGHoCOURTo AdvocateoforotheoPetitionerooooo:oMR.DoCHOUDHURYo AdvocateoforotheoRespondento:oMR.AoACHARYAoR-1oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA