Page No.# GAHC010058902022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./78/2022 SUSHILA DEVI SARMA W/O SRI KAILASH CHAND SARMA RESIDENT OF FATASIL AMBARI, NEWAR KALI MANDIR PS FATASIL AMBARI, DIST KAMRUP ASSAM VERSUS GAUTAM DEKA S/O LATE BINOD DEKA RESIDENT OF FATASIL AMBARI, NEAR KALI MANDIR, PS FATASIL AMBARI, GUWAHATI, 781025, KAMRUP ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR G DEKA,MR. N G KUNDU Advocate for the Respondent : MR P KATAKI, MRS R BEGUM,MR D CHAKRABORTY BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 28.04.2025 Heard Mr. P. K. Roychoudhury, learned counsel for the appellant/complainant and Ms. R. Begum, learned counsel appearing for the Opposite party. This is an application under Section 374(4) read with Section 482 of the Cr.P.C. against the order dated 22.02.2021 passed by the learned Judicial Page No.# Magistrate, First Class, Kamrup, Guwahati in Complaint Case No. 3928C/2010. It is submitted by the learned counsel for the appellant that the accused preferred a revision before the Sessions Court vide No. CR 175/2016 against the order of JMFC dated 04.10.2016 which was pending for three years and subsequently the revision was dismissed on 05.12.2019. Thereafter, due to outbreak of Covid-19 pandemic as the Court was not functioning properly, the complainant remained absent before the Court and the case was dismissed for non-prosecution on 22.02.2021. However, now the complainant is ready to proceed with the case and prayed for restoration of CR Case No. 3928C/2010. On the other hand, learned counsel for the respondent although made objection but submitted that case may be restored by imposing cost. Considering the submission of learned counsel for the parties, prayer of the appellant is allowed. Accordingly, the CR Case No. 3928C/2010 is restored to file subject to payment of cost of Rs.1000/-. Both the parties are directed to appear before the trial court on 13.05.2025 and the appellant is directed to pay the cost of Rs.1000/- before the trial court. Accordingly, the criminal appeal stands disposed of. JUDGE Comparing Assistant