Page No.# 1/3 GAHC010091242024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./539/2024 SAMIR SAHA S/O LATE KAMAKHYA PRASAD SAHA R/O C/O BONGAIGAON VIDYAMANDIR ME SCHOOL, P.O. BONGAIGAON- , DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI. KONA CHANDA W/O PRADIP CHANDA R/O VILL- CHUNGAPALO SOUT DHALIGAON P.O. NEW BONGAIGAON P.S. AND DIST. BONGAIGAON ASSAM PIN Advocate for the Petitioner : MR. B J GHOSH, MR. DILIP DEY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18.11.2025 1. Heard Mr. V.K Barooah, learned Counsel for the petitioner. Also heard Mr. J Chutia, learned counsel appearing for the respondent. 2. In this petition, under Section 401 of the Cr.P.C., read with Section 482 of the Cr.P.C., the petitioner has put to challenge the correctness or otherwise of the orders dated 25.11.2022; 18.01.2024; 22.01.2024; and 03.04.2024, passed by the learned Sub-Divisional Judicial Magistrate, Bongaigaon in C.R. Case No. 288/2022 and also for quashing the C.R. Case No. 288/2022. 3. It is to be noted here that vide impugned order dated 18.01.2024, the learned court below has issued summon to the present petitioner and thereafter, vide order dated 22.01.2024 and 03.04.2024, also continued to issue process to the petitioner and vide order dated 25.11.2022, the learned court below had directed investigation by police under Section 202 of the Cr.P.C. 4. Mr. Ghosh, learned counsel for the petitioner submits that on the basis of a complaint lodged by the respondent No. 2, the learned court below has examined the complainant under Section 200 of the Cr.P.C. and thereafter, directed the O.C. of Bongaigaon Police Station to investigate the case, under Section 202 of the Cr.P.C. and also directed to submit a report, as to whether there is any ground for proceeding under Sections 294/354 of the IPC against the petitioner and accordingly, the O.C. has submitted a report on 10.02.2023 and upon receipt of the said report the learned court below has issued process to the petitioner. 5. An additional affidavit has been filed by the petitioner stating that the Page No.# 3/3 complainant has expired long ago and has also annexed a copy of the death certificate of the respondent No. 2 which is marked as annexure-E wherefrom it appears that the complainant namely, Kana Chanda, expired on 23.07.2024. 6. Hence, as prayed for learned counsel the present petition is closed with a direction to the Ld. S.D.J.M, Bongaigaon to pass necessary orders as per law in CR Case No. 288/2022. JUDGE Comparing Assistant