Page No.# 1/3 GAHC010056492018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./249/2018 DILIP MILI S/O- LATE MONESHWAR MILI, R/O- DEKAMISHING GAON, P.S- SIMEN CHAPORI, DIST- DHEMAJI, ASSAM, PIN- 787061 VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:JONALI KALITA DEKA W/O- SRI RANJIT DEKA R/O- VILL NO.1 BAMUNJULI P.S- DIMAKUCHI DIST- UDALGURI BTAD ASSA Advocate for the Petitioner : MR S BORGOHAIN, MR G GORLOSA,MR. N SARKAR,MS. B DEVI,B ZODALIANI Advocate for the Respondent : PP, ASSAM, MR. DIVYANSH RATHI (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.06.2025 1. Heard Mr. B. Chakma, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor for the State respondent as well as Mr. D. Rathi, the learned counsel for the Respondent No. 2. 2. The learned counsel for the petitioner has submitted that the petitioner may be allowed to withdraw the instant criminal petition, as he has information that in Dimakuchi P.S. Case No. 28/2018, the final report has already been submitted. 3. On this, the learned counsel for the Respondent No. 2, Mr. D. Rathi has submitted that as the further proceeding of Dimakuchi P.S. Case No. 28/2018 was stayed by order dated 22.03.2018, the investigation could not have been proceeded and therefore, the submission of Final Report in this case is against the order of this Court. 4. I have gone through the records of this case. 5. It appears that by order dated 22.03.2018, the further proceeding of Dimakuchi P.S. Case No. 28/2018 was stayed till next returnable date and thereafter, from time to time, the said stay was continued till the next day of the hearing, whenever this case was listed. 6. It however appears that when the matter was listed on 07.12.2018, no further extension of the stay was granted by this Court. 7. Hence, it appears that the interim stay granted by this Court by order dated 22.03.2018 got lapsed. 8. Under such circumstances, this Court does not find any reason to Page No.# 3/3 further delve into the matter as to whether the continuation of investigation was in violation of this Court's order or not, more so, when the petitioner is himself eager to withdraw this instant criminal petition. 9. In view of the above reasons, the prayer of the petitioner is allowed and this case is dismissed on withdrawal with liberty to approach the Court with appropriate application, if required. JUDGE Comparing Assistant