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.)/586/2023 ON THE DEATH OF DEVDULAL SHARMA HIS LEGAL HEIRS MALINI PORASAR AND 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. Page No.# 2/5 4: SMT. PANCHALI KHOUND W/O SRI DULAL SHARMA R/O PANIGAON SANTIBAN 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 ASSAM ------------ Advocate for : MR. S K BHATTACHARYYA Advocate for : PP ASSAM appearing for SRI NITYANANDA BARUAH AND ANR Linked Case : SRI DEVDULAL SHARMA VERSUS SRI NITYANANDA BARUAH AND ANR ----------- Advocate for : Page No.# 3/5 Advocate for : appearing for SRI NITYANANDA BARUAH AND ANR 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 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 Page No.# 4/5 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, as complainant filed a complaint case being C.R. Case No. 2362C/2015 against the respondent No. 1. By judgment and order dated 03.04.2019 passed by learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati in said C.R. Case No. 2362C/2015 acquitted the respondent No. 1 from the purview of Section 138 of the N.I. Act. Being aggrieved, said Devdulal Sharma, the complainant preferred the connected Criminal Leave Petition No. 63/2019 under Section 378(4) 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 the said C.R. Case. 3. During pendency of the said Criminal Leave Petition No. 63/2019, its petitioner, said Devdulal Sharma expired on 17.08.2021. 4. Therefore, the applicants, being the legal heirs of the said deceased Devdulal Sharma on 28.06.2023 filed this application under Section 302 Cr.P.C. praying for substitution of their names in place of the deceased petitioner Devdulal Sharma in the connected Criminal Leave Petition No. 63/2019. 5. By a separate order passed today in the connected I.A. (Crl.) No. 585/2023, the Court has already condoned the delay in preferring this substitution application filed by the applicants. Page No.# 5/5 6. After hearing the parties and considering entire aspect of the matter, this application for substitution of the names of the applicants, being the legal heirs of said deceased Devdulal Sharma, in his place in the connected Criminal Leave Petition No. 63/2019 is hereby allowed. 7. Registry shall incorporate the names of the applicant Nos. 1 to 4 in place of deceased petitioner Devdulal Sharma in the connected Criminal Leave Petition No. 63/2019 and shall accordingly correct the cause title of the said Criminal Leave Petition No. 63/2019. 8. With the above observations, this interlocutory application stands disposed of. JUDGE Comparing Assistant