Deoki Nandan Kanoi vs The State Of Assam And Anr
2022 Latest Caselaw 4770 Gua

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GAHC010078112021




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

                                 Case No. : I.A.(Crl.)/239/2021

            DEOKI NANDAN KANOI
            S/O. LATE JWALA PRASAD KANOI
            PERMANENT R/O. FORT LEE BUILDING, FLAT NO. 003, 20 LEE ROAD,
            KOLKATTA- 20, WEST BENGAL AND PRESENTLY CAMPING AT KHEMKA
            HOUSE, BHANGAGARH , GUWAHATI, DIST. KAMRUP (M), ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM

            2:ASSAM STATE ELECTRICITY BOARD
             REPRESENTED BY SRI HARENDRA NATH SAIKIA (INFORMANT)
             DEPUTY MANAGER
             CHABUA ELECTRICITY SUB DIVISION III
             CHABUA
             DIST DIBRUGARH
            ASSA

Advocate for the Petitioner   : MR. S K KEJRIWAL

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./210/2018

            SRI DEOKI NANDAN KANOI
            S/O LATE JWALA PRASAD KANOI
            PERMANENT RESIDENT OF FORT LEE BUILDING
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          FLAT NO 003
          20 LEE ROAD
          KOLKATTA 20
          WEST BENGAL AND PRESENTLY CAMPING AT KHEMKA HOUSE
          BHANGAGARH
          GUWAHATI
          DIST KAMRUP M ASSAM


          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY PP ASSAM

          2:ASSAM STATE ELECTRICITY BOARD
          REPRESENTED BY SRI HARENDRA NATH SAIKIA (INFORMANT)
           DEPUTY MANAGER
           CHABUA ELECTRICITY SUB DIVISION III
           CHABUA
           DIST DIBRUGARH
          ASSAM
           ------------
          Advocate for : MR K AGARWAL
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                   ORDER

Date : 05.12.2022

Heard Mr. S.K. Kajriwal, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No. 1 as well as Mr. S.P. Sarma, learned standing counsel for the ASEB.

This is an application under Section 394(2) Cr.P.C., 1973 filed by the applicant praying for leave to continue the appeal on the death of sole appellant, namely, Deoki Nandan Kanoi.

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It is stated in the petition that the father of the applicant Deoki Nandan Kanoi(since deceased) had preferred the appeal being criminal appeal No. 210/2018 before this Court assailing the judgment and order dated 22.05.2018 passed by the ld. Addl. District and Sessions Judge (FTC-2), whereby his late father was sentenced to pay an amount of fine of Rs.50,000/- under Section 135 of the Electricity Act, in default, four months simple imprisonment. But during pendency of the appeal, the father of the applicant died.

In support of the fact, death certificate of the deceased/appellant has been furnished by the applicant which reveals that Deoki Nandan Kanoi died on 11.11.2019.

The learned standing counsel for the ASEB has made no objection on the prayer of the petitioner. Hence, the prayer of the applicant is allowed.

The name of the applicant be substituted in place of the deceased/Deoki Nandan Kanoi.

The Registry is directed to do the needful by substituting the name of Sumit Kanoi in place of original appellant Deoki Nandan Kanoi in cause title of the appeal.

With the aforesaid direction, the I/A stands disposed of.

JUDGE

Comparing Assistant