Page No.# 1/4 GAHC010315262019 2025:GAU-AS:2423 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1500/2019 MAJOR (NOW LT. COL.) Z A KHAN S/O- MAJOR HAKIM ALI (RETD.), AFI BUILDING, DHOBHI TALIO NCC DIRECTORATE, MUMBAI- 400020, MAHARASHTRA. 2: NO 3183065F EX. NK KARAN SINGH S/O- HAWA SINGH VPO- BAMAL TEH AND DIST.- BHIWANI (HAR) PIN- 127021. 3: JC- 490906X SUB SAHAB SINGH S/O- KARTAR SINGH 11 JAT C/O- 56 APO PIN- 911211. 4: JC-315689M SUB BHIM SINGH S/O- PREET SINGH 23 JAT PIN- 911223. 5: NO 31895793A EX SEP ALOK PAUL SINGH S/O- VEERPAL SINGH 395 DSC PIATT TO 16 FAD PIN- 909716. 6: NO 3187089H EX SEP SANJAY KUMAR S/O- SUKHPAL SINGH 1210B DSC PLATT TO 51 AREA GP PIN- 916591. 7: NO 3187176W EX HAV SUBASH CHANDER SHIVRAN S/O- PARMESHWAR SINGH VILL.- SHIVRANA KA BAS P.O.- NARODA TEH-LAXMANGARH Page No.# 2/4 DIST.- SIKAR (RAJ) PIN- 332311. 8: NO 3189242M EX HAV RAKESH KUMAR VILL. AND P.O. MOJAWASH TEH AND DIST.- JHUNJHUNU RAJASTHAN PIN- 333704 GENERAL OFFIER COMMANDING. 9: NO 3189900N EX NK BHUP SINGH S/O- LATE SH. RAMKAR VILL. AND P.O. NAIWA TEH AND DIST.- HISAR HARYANA PIN- 125037. 10: NO 3189972X EX NK NARENDER SINGH S/O- BHAG SINGH VILL. AND P.O. DIGHAL TEH AND DIST.- JHAJJAR HARYANA PIN- 124107. 11: GENERAL OFFICER COMMANDING 2 MOUNTAIN DIVISION REP. BY LT. COL. UMESH PATIL 2 MOUNTAIN DIVISION C/O- 99 APO VERSUS THE STATE OF ASSAM AND ANR REP. BY P.P., ASSAM. 2:OFFICER-IN-CHARGE DIBRUGARH POLICE STATION DIBRUGARH Advocate for the Petitioner : MR. S C KEYAL, MR. B CHAKRAVARTY Advocate for the Respondent : PP, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 07.03.2025 Heard Mr. B. Chakravarty, learned Counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor for the State respondent. 2. By this petition under Section 482 of Code of Criminal Procedure, read with Section 227 of the Constitution of India, the petitioner is assailing the orders dated 01.10.2019, 09.10.2019, 31.10.2019, 14.11.2019 and 28.11.2019 passed by the learned Chief Judicial Magistrate, Dibrugarh in Dibrugarh P.S. Case No. 410/1998, whereby the Court of learned Chief Judicial Magistrate directed the appearance of the petitioner before the Investigating Officer and since the petitioner failed to appear, subsequently directed the Investigating Officer to take necessary action for production of all the accused along with the arms and ammunition allegedly used by the accused at the time of killing the victims of the case by finding out the present location or address of the accused and accordingly, fixed the matter for appearance/production of the accused. 3. Pending the aforesaid criminal petition, another criminal petition being Criminal Petition No. 610/2021 was filed by the petitioner wherein the order dated 18.09.2021 passed by the Court of learned Chief Judicial Magistrate in the aforesaid proceeding was assailed. 4. It appears that this Court by order dated 27.08.2024 disposed of the said criminal petition by observing that the petitioner can raise the issue of maintainability of the case due to lack of prosecution sanction at a later stage or even at the stage of framing of charge. Page No.# 4/4 5. It is submitted at the bar that this criminal petition accordingly, has become infructuous. 6. That being so, nothing survives for adjudication in the present criminal petition and accordingly, the criminal petition stands dismissed for being infructuous. 7. Return the Lower Court Record. JUDGE Comparing Assistant