Kaladhar Chaubey vs The Union Of India And 3 Ors
2021 Latest Caselaw 1504 Gua

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GAHC010023662021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Civil)/339/2021

            KALADHAR CHAUBEY
            S/O. SHARDA PRASAD CHAUBEY, R/O. HATHIAR KHURD, P.O. KATIHAR
            KALA, P.S. CHOLAPUR, DIST. VARANASI (U.P.), PIN-212011



            VERSUS

            THE UNION OF INDIA AND 3 ORS.
            REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT.OF INDIA, NEW
            DELHI- 110001

            2:THE DEPUTY DIRECTOR GENERAL
             CISF
            (N.E.Z)
             KOLKATA-17

            3:THE COMMANDANT
             CISF
             UNIT ONGC
             JORHAT.

            4:THE ASSTT. COMMANDANT

             CISF
             UNIT ONGC
            JORHAT

Advocate for the Petitioner   : MR. R MAZUMDAR

Advocate for the Respondent : ASSTT.S.G.I.
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                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

22.04.2021

Heard Mr. R. Mazumdar, learned counsel for the applicant, who submits that the order dated 28.11.2013 dismissing the writ petition for non-prosecution may be recalled and the writ petition be restored to file.

The applicant's counsel submits that on the date the writ petition had been dismissed for non-prosecution on 28.11.2013, the applicant had been convicted by the Addl. Sessions Judge/Special Judge (SC/ST) Act, Varanasi in Special Sessions Trial No.260/2011 and sentenced under Section 302, 201 of IPC and under Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter an appeal was filed and the Allahabad High Court passed its judgment dated 13.01.2021, whereby conviction of the applicant by the Trial Court in Special Sessions Trial No.260/2011 was set aside. The applicant has thus prayed for restoration of the writ petition as he is now out of jail and able to pursue the matter.

Issue Notice returnable in 4 (four) weeks.

Mr. P.K. Medhi, learned CGC accepts notice for all the respondents. The CGC is granted four weeks' time to file affidavit.

List the matter after four weeks.

JUDGE

Comparing Assistant