NAYAN KALITA ALIAS NAYAN JYOTI KALITA v. THE STATE OF ASSAM
Crl.M.C./2/2025 · 2025-07-29
Pranjal Das
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11662 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11662 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010091502025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.M.C./2/2025 NAYAN KALITA ALIAS NAYAN JYOTI KALITA S/O LATE KESHAB CH. KALITA, RESIDENT OF HOUSE NO. 68, SWAGATAM PATH(VIA LAKHI MANDIR PATH, ) MATHGHARIA NO. 2, PO AND PS NOONMATI, GUWAHATI 781020 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:BUBUL CHANDRA NATH S/O SRI JAGGYU RAM NATH
RESIDENT OF MATHGHARIA NO. 2 MOTHER TERESA ROAD OPP. NOONMATI FLY OVER PO AND PS NOONMATI DIST KAMRUP M GUWAHATI ASSAM 781020 3:DHRUBAJYOTI NATH S/O SRI JAGGYU RAM NATH
RESIDENT OF MATHGHARIA NO. 2 MOTHER TERESA ROAD OPP. NOONMATI FLY OVER PO AND PS NOONMATI DIST KAMRUP M GUWAHATI ASSAM 78102 Advocate for the Petitioner : MS. R BHARALI, MR. M KALITA
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 30.07.2025
Mr. M. Kalita, learned counsel for the applicant submits that this proceeding is arising out of an application seeking restoration of a criminal petition being Criminal Petition No. 626/2014 which was dismissed for non- prosecution on 01.04.2025 and that, the applicant is aggrieved by the same. There was an impugned order by which the petitioner in this case is aggrieved. It is stated in the order dated 01.04.2025 that on the previous occasion also i.e. on 06.03.2025, there was no representation and due to such consecutive non appearance, the matter was dismissed and the interim order stood vacated. It is submitted by the learned counsel for the petitioner that due to some oversight, the learned counsel could not appear and that the petitioner would suffer irreparable loss and injury if they are not able to pursue this proceeding. I have given my consideration to the matter. I have also heard Mr. B. Das, learned Additional Public Prosecutor. In view of the above facts and circumstances and for the interest of justice, the Criminal Petition is restored to file. On the prayer of the learned Additional Public Prosecutor, the petitioner shall furnish a copy of the Criminal Petition No. 626/2014, which has been restored. As the trial court record has already been sent back, Registry to issue a fresh requisition for the case record of GR Case No. 6317/2013 from the court of
Page No.# 3/3 learned SDJM(S) No.2, Kamrup(M). Accordingly, this Miscellaneous Case stands allowed and disposed of.
JUDGE Comparing Assistant