Dandi Nath Choudhury v. The State of Assam and Anr

ORDER 29-08-2024 Heard Ms. C Das, learned counsel appearing on behalf of Mr. P Mahanta, learned counsel for the petitioner and Ms. S Jahan, learned Additional Public Prosecutor, Assam for the State Page No.# 2/2 respondent No. 1. Also heard Ms. M Dev, learned counsel for the respondent No. 2.

¶2The petitioner filed this criminal petition on 04.10.2013 aggrieved with the order dated

28.06.2013 passed by the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati in C.R. Case No. 1533C/2013, whereby the learned Magistrate took cognizance of the offence under Sections 109/500/120(B)/34 IPC against the petitioner and five others, on the basis of a complaint lodged by the respondent No. 2 before the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, wherein the petitioner was the accused No. 1.

¶3The Court while issuing notice in this criminal petition on 07.10.2013 suspended the further proceeding of said C.R. Case No. 1533C/2013 pending before the Court of the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati pertaining to the petitioner, which is still in force.

¶4Ms. C Das, learned counsel has submitted that the petitioner expired on 04.05.2018 and to that extent, she has placed a copy of the Death Certificate of the petitioner issued by the Registrar (Birth and Death), Pandu F.R.U., Guwahati on 21.11.2020.

¶5In view of the above, said C.R. Case No. 1533C/2013 pending before the Court of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati with regard to the present petitioner stands closed due to abatement.

¶6Interim order passed earlier on 07.10.2013 in the present proceeding stands merged with this order.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010234952013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./770/2013 DANDI NATH CHOUDHURY S/O LT. CHAKRADHAR CHOUDHURY R/O SANTIPUR, NEAR RAILWAY GATE, P.O. SANTIPUR, P.S. BHARALU MUKH,DIST. KAMRUP METRO, ASSAM. VERSUS THE STATE OF ASSAM and ANR 2:DR. MRS STUTI DEKA W/O SRI MUHIM CHANDRA DEKA R/O RUKMINIGAON P.O. DISPUR P.S. DISPUR GUWAHATI DIST.KAMRUP METRO ASSAM. PIN- 781... Advocate for the Petitioner : MRD P SAHU, MR.B M CHOUDHURY,MR.P MAHANTA,MR.N DUTTA Advocate for the Respondent : MS.M DEV, PP, ASSAM,MS.P DEB,MS.N DEB,MS.S BORA BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK