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2025 DAILYLAW 3214 (GAU)

JOGESH PATHAK v. ON THE DEATH OF ROMA KANTA RABHA, HIS LEGAL HEIRS SRI AMARJYOTI RABHA

I.A.(Crl.)/1333/2025 · 2026-05-05

Pranjal Das

body2025

Judgment text

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Page No.# 1/2 GAHC010270362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1333/2025 JOGESH PATHAK S/O LATE DANDI CHARAN PATHAK, RESIDENT OF KARIPARA, PO AND PS MATIA, DIST GOALPARA, ASSAM VERSUS ON THE DEATH OF ROMA KANTA RABHA, HIS LEGAL HEIRS SRI AMARJYOTI RABHA S/O LATE ROMA KANTA RABHA, RESIDENT OF VILLAGE SHANTI NAGAR GOALPARA TOWN, PS AND DIST GOALPARA, ASSAM Advocate for the Petitioner : MR J PAYENG, MS A PAYENG Advocate for the Respondent : , Linked Case : Crl.Rev.P./183/2014 JOGESH PATHAK S/O LT. DANDI CHARAN PATHAK VILL- KARIPARA P.O. and P.S. MATIA DIST. GOALPARA ASSAM. VERSUS ROMA KANTA RABHA S/O LT. NOWARAM RABHA R/O VILL- SHANTI NAGAR GOALPARA TOWN P.O. BALADMARI P.S. GOALPARA DIST. GOALPARA Page No.# 2/2 ASSAM. ------------ Advocate for : MRJ PAYENG Advocate for : appearing for ROMA KANTA RABHA BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 06.05.2026 Heard Mr. D. Uperty, learned counsel for the petitioner. The petitioner has filed this interlocutory application seeking substitution of the sole respondent Roma Kanta Rabha by Amarjyoti Rabha on the ground that said Roma Kanta Rabha expired on 27.05.2022. A copy of death certificate has also been annexed. It is submitted in the main matter i.e. criminal revision petition has been filed against the conviction and sentence under the N.I. Act which is upheld by the learned trial court. The revision petitioner has already paid the monetary compensation but the learned trial court below had also passed a sentence of imprisonment. Therefore, he has prayed that Amarjyoti Rabha may be substituted in place of Roma Kanta Rabha. The name of Amarjyoti Rabha be substituted in place of Roma Kanta Rabha. The petitioner shall submit a fresh copy of cause title, in the main case. With the above observation, the I/A stands disposed of. JUDGE Comparing Assistant