Page No.# 1/3 GAHC010178912018 2025:GAU-AS:2424 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./793/2018 M/S. ABS DEVELOPERS A PROPRIETORSHIP CONCERN, HEREIN REP. BY ITS SOLE PROPRIETOR, SMT. SHRESTHA SEN, W/O. SRI BIBEK SEN, R/O. FLAT NO.C-G, (JONAK ENCLAVE) 18 NO. EAST BYE LANE, SUNDARPUR, R/G.B. ROAD, GUWAHATI, P.S. DISPUR, DIST. KAMRUP (M), ASSAM-781005. VERSUS GIRIJA DAS W/O. SRI SONESWAR THAKURIA, R/O. HOUSE NO.5, CHINAKI PATH (LEFT SIDE 1ST BYE LANE), ZOO ROAD, GITANAGAR, GUWAHATI, P.S. GITANAGAR, DIST. KAMRUP (M), ASSAM-781024. Advocate for the Petitioner : MR. A K PURKAYASTHA, MR. B K JAIN,MS. K MITRA Advocate for the Respondent : MR D C CHAKRAVARTY (R1), Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 07.03.2025 Heard Mr. B.K Jain, learned Counsel for the petitioner. Also heard Mr. P. Sarma, learned Additional Public Prosecutor for the State respondent. None appears for respondent No.1 on call. 2. It appears that the name of the learned counsel appearing for respondent No.1 is reflected in the Cause List, however, on call there is no representation. Accordingly, the matter is taken up for hearing. 3. This petition is filed under Section 482 of Code of Criminal Procedure against the complaint bearing C.R. Case No. 2010/2018 pending in the Court of Judicial Magistrate, First Class, Kamrup(M), Guwahati registered under Section 406/420/506 of the Indian Penal Code. 4. It appears that during the pendency of this criminal revision petition the Court of learned Chief Judicial Magistrate by order dated 28.06.2019 dismissed the complaint for non-prosecution. The order dated 28.06.2019 which is enclosed as Annexure to the additional affidavit filed by the petitioner on 20.05.2020 read as hereunder: “ORDER SHEET CR Case No. 2010/2018 28-06-2019 Present Sri B. Baruah, AJS Complainant is absent without steps. Accused is absent with steps showing caused vide petition 2106 which is allowed. Today is the 3rd successive date on which the complainant has remained absent without steps. Page No.# 3/3 It appears that the complainant is not interested in prosecuting the case. Hence this case stands dismissed for non- prosecution. The accused in this case stands discharged.” 5. That being so, nothing survives for adjudication in the instant criminal petition and accordingly, the criminal petition stands closed. 6. The criminal petition stands dismissed. 7. Return the Lower Court Record. JUDGE Comparing Assistant