Page No.# 1/2 GAHC010185932024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1138/2024 RISHI CHUTIA S/O GUNIN CHUTIA R/O EX-SERVICEMAN COLONY NEAR LP SCHOOL, P.S. SADIYA DIST. TINSUKIA, ASSAM PIN-786125 VERSUS LUTFOR RAHMAN S/O LATE ABDUR RAHIM R/O COLLEGE ROAD, NATH PARA, BIDYAPARA PART-II, P.O. KHALIPUR P.S. DHUBRI, DIST. DHUBRI, ASSAM PIN-783324 Advocate for the Petitioner : MR. K M HASSAN, MR. N K HALOI Advocate for the Respondent : MR. Z ALAM, MR. J ISLAM,MS. S NAZNEEN BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.01.2026 Page No.# 2/2 Heard Mr. K.M. Hassan, learned counsel for the petitioner. Also heard Mr. Z. Alam, learned counsel for the sole respondent. The learned counsel for the respondent fairly concedes that the order of taking cognizance which is under challenge in the instant petition is erroneous, in view of the decisions of the Hon’ble Supreme Court in the case of Yogendra Pratap Singh Vs Savitri Pandey and Anr reported in (2014) 10 SCC 713 and Gajanand Burange Vs Laxmi Chand Goyal reported in 2022 LiveLaw (SC) 682 and accordingly submits that as per the aforesaid decisions the respondent/complainant may be allowed to withdraw this complaint and file fresh complaint as may be permissible in view of the aforesaid decisions. Learned counsel for the petitioner has no objection. Accordingly, the order dated 29.02.2024 passed in Cr-18/2024 is hereby set aside. Accordingly, the instant petition stands disposed of on the aforesaid terms. JUDGE Comparing Assistant