Shukur Mahmud vs The State Of Assam And Anr
2023 Latest Caselaw 1198 Gua

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GAHC010013522023




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

                                 Case No. : I.A.(Crl.)/71/2023

            SHUKUR MAHMUD
            S/O- LATE MANNAF ALI, R/O- VILL.- SITOLI, P.S. BAGHBAR, DIST.
            BARPETA, ASSAM, PIN- 781308.



            VERSUS

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

            2:SAHERA KHATUN

             D/O- LATE SHAMSUDDIN AHMED
             R/O- VILL. AND P.O. MANDIA
             P.S. BAGHBAR
             DIST. BARPETA
             ASSAM
             PIN- 781308

Advocate for the Petitioner   : MR D K BORDOLOI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Date : 24-03-2023

Heard Mr. D.K. Bordoloi, learned counsel for the petitioner.

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Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam.

This is an application for restoration of Crl. Petition No. 653/2022, which was dismissed on 06.08.2022 for non prosecution.

It is submitted by the learned counsel for the petitioner that the said Criminal petition was preferred challenging the impugned judgment and order dated 28.09.2021, passed by the learned Principal Judge Family Court at Barpeta in F.C. (Crl) Misc Case No. 06m/2021, u/s 127 Cr.P.C. and the petitioner came to know about the dismissal of the said criminal petition only on 12.12.2022 and immediately he applied for the certified copy of the said order. It is further submitted that the engaged counsel for the petitioner never informed about the passing of dismissal order and after receiving the certified, copy he went to the chamber of the another counsel and therefore, there is delay in lodging the present petition as the petitioner was not aware of the order of the dismissal and at the same time, they engaged a new counsel for which some more time consumes in filing the present petition.

It is further submitted that by the petitioner that there is sufficient merits in the present case and there is very probability of success in this case and if the petition is not been restored, the petitioner will suffered irreparable loss and injury. And at the same point of time, the petitioner is not in a position to pay the enhanced maintenance amount as per order passed by the learned Principal Judge Family Court at Barpeta in F.C. (Crl) Misc Case No. 06m/2021, u/s 127 Cr.P.C.

In this context learned APP has submitted that in the present petition also the petitioner remain absent without steps on last two consecutive dates. However, the learned APP has raised no objection, if the present criminal petition is Page No.# 3/3

restored.

Considering the entire aspect of the matter and the submission made by the learned counsel for both sides and also for the ends of justice, the criminal Petition No. 653/2022 is hereby restored.

Registry is directed to renumber the case and list in due course. With the observations made above, the I.A stands disposed of.

JUDGE

Comparing Assistant