Page No.# 1/5 GAHC010141172023 2025:GAU-AS:7350 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/585/2023 ON THE DEATH OF DEVDULAL SHARMA HIS LEGAL HEIRS MALINI PORASAR AND 3 ORS R/O PANIGAON, SANTIBAN, NEAR L.P. SCHOOL, P.O. ITACHALI S.O., P.S. AND DISTRICT NAGAON, ASSAM, PIN 782003. 2: MISS AADITRI SHARMA D/O LATE DEVDULAL SHARMA R/O PANIGAON SANTIBAN NEAR L.P. SCHOOL P.O. ITACHALI S.O. P.S. NAGAON DISTRICT NAGAON ASSAM PIN 782003. BEING MINOR REPRESENTED BY HER NATURAL MOTHER I.E. SL. NO. 1 3: SRI DULAL SHARMA S/O LATE KAMAL CHANDRA SHARMA FATHER OF LATE DEVDULAL SHARMA R/O PANIGAON SANTIBAN NEAR L.P. SCHOOL P.O. ITACHALI S.O. P.S. NAGAON DISTRICT NAGAON ASSAM. 4: SMT. PANCHALI KHOUND W/O SRI DULAL SHARMA R/O PANIGAON SANTIBAN Page No.# 2/5 NEAR L.P. SCHOOL P.O. ITACHALI S.O. P.S. NAGAON DISTRICT NAGAON ASSAM VERSUS SRI NITYANANDA BARUAH AND ANR S/O SRI KAMAL BARUAH, PRESENT ADDRESS- CHOWKIDINGHEE RAILWAY COLONY, DIBRUGARH TOWN, P.O., P.S. AND DIST.- DIBRUGARH, ASSAM AND PERMANENT ADDRESS- KAKADUNGA, HABIGAON, BLOCK NO. 4, P.O. URANGIAL, P.S. BORHOLLA, DIST.- JORHAT, ASSAM. 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSA Advocate for the Petitioner : MR. S K BHATTACHARYYA, MR H MAURYA Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.L.P./63/2019 SRI DEVDULAL SHARMA C/O- MADHURJYA PATOWARY H/NO. 5A SURABHI PATH BYE LANE NO. 3 CHANDAN NAGAR VIP ROAD SIX MILE GUWAHATI- 781022 DIST.- KAMRUP(M) ASSAM AND PRESENT ADDRESS- C/O- RITA DEVI NEAR MRINMOY BAJAJ DEALER BUHAGAON MORIGAON PIN- 782105. VERSUS SRI NITYANANDA BARUAH AND ANR S/O- SRI KAMAL BARUAH Page No.# 3/5 PRESENT ADDRESS- CHOWKIDINGHEE RAILWAY COLONY DIBRUGARH TOWN P.O. P.S. AND DIST.- DIBRUGARH ASSAM AND PERMANENT ADDRESS- KAKADUNGA HABIGAON BLOCK NO. 4 P.O. URANGIAL P.S. BORHOLLA DIST.- JORHAT ASSAM. 2:THE STATE OF ASSAM REP. BY P.P. ASSAM. ------------ Advocate for : MR. S K BHATTACHARYYA Advocate for : PP ASSAM appearing for SRI NITYANANDA BARUAH AND ANR BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 05.06.2025 Heard Mr. S. K. Bhattacharyya, learned counsel for the applicants and Mr. S. J. Kalita, learned counsel appearing on behalf of Mr. C. Chakravarty, learned counsel for the respondent No. 1. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State/opposite party No. 2. 2. One Devdulal Sharma filed a complaint case against the opposite party No. 1 being C.R. Case No. 2362C/2015. Page No.# 4/5 3. By judgment and order dated 03.04.2019 passed in said C.R. Case No. 2362C/2015, the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati acquitted the opposite party No. 1 from the purview of Section 138 of the N.I. Act. Being aggrieved, said Devdulal Sharma, the complainant of said C.R. Case No. 2362C/2015 during his lifetime preferred the connected Criminal Leave Petition No. 63/2019 under Section 378(4) of the Cr.P.C. praying for leave of the Court to prefer an appeal against the said judgment and order of acquittal dated 03.04.2019 passed by the learned JMFC, Kamrup (Metro), Guwahati in said C.R. Case. 4. During pendency of the said Criminal Leave Petition No. 63/2019, its petitioner, i.e., the original complainant Devdulal Sharma expired on 17.08.2021. As such, the applicants, being the legal heirs of the said deceased Devdulal Sharma on 28.06.2023 filed an application under Section 302 Cr.P.C. being I.A. (Crl) No. 586/2023 praying for substitution of their names in place of said Devdulal Sharma in the connected Criminal Leave Petition No. 63/2019, with a delay of 388 days. 5. Hence this application by the applicants under Section 5 of the Limitation Act, 1963 praying for condonation of the said delay of 388 days in preferring the connected substitution Application I.A. (Crl) No. 586/2023 for substitution of their names in the connected Criminal Leave Petition No. 63/2019. 6. The applicant No. 1 is the wife of said Devdulal Sharma, whereas the applicant No. 2 is his minor daughter and the applicant Nos. 3 and 4 are the parents (father and mother) of said deceased Devdulal Sharma. 7. After hearing the parties and considering the materials on record, this Court finds that the applicants could show and place sufficient reasons for the delay in preferring the connected interlocutory application for substitution of their names in place of the deceased petitioner Devdulal Sharma. 8. Accordingly, the delay of 388 days in preferring the connected substitution application I.A. (Crl) No. 586/2023 by the applicants for substitution of their names in the connected Criminal Leave Petition No. 63/2019 in place of the deceased petitioner/original applicant Devdulal Sharma is hereby condoned. Page No.# 5/5 9. With the above observations, this interlocutory application stands allowed. JUDGE Comparing Assistant