Page No.# 1/4 GAHC010100472025 2025:GAU-AS:7938 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/492/2025 ON THE DEATH OF SMT MIRA PURKAYASTHA HER LEGAL HEIR SHRI ARIJIT PURKAYASTHA SON OF LATE A K PURKAYASHTHA, RESIDENT OF SUDEKSHA APARTMENT NEAR KALICHARAN NURSING HOME, KALAPAHAR, GUWAHATI, ASSAM 781008 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2: SRI HIRANMOY DUTTA S/O LATE BIRENDRA NATH DUTTA R/O PHULU KUTIR COMPLEX SANTI RAM DAS REHABARI P.S. PALTAN BAZAR GUWAHATI ASSAM-781008 3: SMT. PRITI DEBROY W/O SRI ANIMESH DEBROY R/O SRI TAPAN KR. PAUL HOUSE NO. 25 BYE LANE NO. 6 SHANKAR DEV PATH BARSHAPARA P.O. BINOVA NAGAR Page No.# 2/4 GUWAHATI ASSAM-781018 4: SMT. MIRA SAHA W/O SRI B.G. SAHA R/O HOUSE NO. 2C P.B. ROAD SOHAGPUR REHABARI GUWAHATI ASSAM- 781008 5: SMT. CHANDANA ROY D/O LATE C. ROY C/O MR. KANUNGO (RTD. SALES TAX OFFICER) M.A. ROAD BYELANE NO. 2 REHABARI GUWAHATI-78100 Advocate for the Petitioner : MR. T K BHUYAN, MR. INDRAJIT BHUYAN,MR. C TALUKDAR Advocate for the Respondent : PP, ASSAM, MR. S C KEYAL (r-2) BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 16.06.2025 Heard Mr. A. Gautam, learned counsel appearing for the applicant. Also heard Mr. R. J. Barua, learned Additional Public Prosecutor, for the state respondent and Mr. K. Jain, learned counsel appearing on behalf of Mr. S. C. Keyal, learned senior counsel, for the respondent No.2. Page No.# 3/4 2. By way of this application under Section 482 read with Section 394 of the Code of Criminal Procedure, 1973, (hereinafter referred to as “Cr.P.C”), the applicant is seeking abatement of the proceedings qua the petitioner in the criminal petition in C.R. Case No. 3380/2014, pending adjudication before the learned Judicial Magistrate First Class, Kamrup (Metro) under Section 394 of the Cr.P.C. 3. The brief fact of the case is that the accompanying criminal petition i.e., Crl.Pet./550/2023 is filed under Section 482 of the Cr.P.C., read with Article 226 of the Constitution of India, seeking quashing and setting aside of the complaint dated 15.12.2014, registered as C.R. Case No.3380c/2014, pending adjudication in the court of learned Judicial Magistrate First Class, Kamrup (Metro). In the said petition, the petitioner has also prayed for quashing the order dated 09.07.2018 and all subsequent order, more particularly orders dated 28.02.2023 and 28.04.2023, qua the petitioner and also for quashing the bailable warrant issued against the petitioner vide order dated 28.12.2022. 4. In the aforesaid criminal petition, this court by order dated 12.06.2023, was pleased to stay further proceedings against the petitioner till the returnable date which has further been continued subsequently. 5. Pending adjudication of the said criminal petition, the petitioner passed away on 31.05.2024. Situated thus, the petitioner submitted petition before the trial court on 25.06.2024 intimating the demise of the petitioner with a copy of the death certificate. However, the trial court by order dated 29.03.2025 after perusing the materials directed Page No.# 4/4 the applicant to submit fresh stay order from this court, and accordingly, fixed the matter on 16.06.2025. Accordingly, the instant application has been filed by the son of the petitioner for abating the said criminal proceedings pending before the trial court qua the petitioner. 6. Mr. A. Gautam, learned counsel for the applicant submits that the petition filed by the applicant in abating the criminal proceedings qua the petitioner has not been proceeded since then in view of the fact that the further proceedings of the criminal petition qua the petitioner has been stayed by this court in the accompanying criminal petition. 7. Mr. R. J. Barua, learned Additional Public Prosecutor, and Mr. K. Jain, learned counsel for the respondent No.2 submits that unless there is proper verification, the abatement as prayed for cannot be allowed. 8. In view of the above, in the interest of justice, this court is of the opinion that this application can be disposed of by directing the applicant to file appropriate petition with supporting documents before the trial court and upon the receipt of the same, the trial court shall dispose of the same in accordance with law. 9. In view of the aforesaid observation and direction, the interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant