Moina Das vs The State Of Assam And 2 Ors
2023 Latest Caselaw 2231 Gua

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GAHC010254492022




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

                                Case No. : Crl.Rev.P./216/2023

            MOINA DAS
            S/O SHRI DIMBESWAR DAS, R/O VILL.-JAMUNA CHARIALI, SIVASAGAR
            TOWN, WARD NO. 2,P.O. AND P.S.- SIVASAGAR, DIST.- SIVASAGAR
            (ASSAM), PIN-785640.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY P.P., ASSAM

            2:SMT. JONAKI DAS
            W/O LATE RAJU DAS

            3:SHRI SHEKHAR DAS
             S/O LATE RAJU DAS
             BOTH OF THEM ARE R/O VILL.- JAMUNA ROAD (JAMUNA CHARIALI)
             SIVASAGAR TOWN
            WARD NO. 2
             DIST.- SIVASAGAR (ASSAM)
             PIN- 785640

Advocate for the Petitioner   : MR D C K HAZARIKA

Advocate for the Respondent :
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                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                    ORDER

29.05.2023 Heard Mr. D.C.K. Hazarika, learned counsel for the petitioner and Ms. S.H. Borah, learned Addl. PP for the State respondent No.1.

2. This criminal petition has been filed by the petitioner against the order dated 05.08.2022 passed in Criminal Appeal No. 40(4)/2019 by the Court of Addl. Sessions Judge, Sivasagar, which was preferred by the present petitioner against the order of conviction passed by the learned Chief Judicial Magistrate, Sivasagar vide Judgment and Order dated 21.09.2019 passed in PRC No. 90/2018.

3. The learned counsel for the petitioner submits that a mere proposal of the impugned order reveals that the criminal appeal was dismissed for non- prosecution. It is submitted that once the appeal is not dismissed summarily under Section 384 Cr.P.C. then there is a procedure laid down under Section 385 Cr.P.C and the appeal will have to heard on merits and cannot dismissed summarily as has been done by the Court of Sessions. The learned counsel for the petitioner has also referred to the Judgment of the Apex Court rendered in Dhananjay Rai @ Guddu Rai Vs. State of Bihar (Criminal Appeal No. 803/2017).

4. Accordingly, let Notice be issued, Returnable after three weeks.

5. It is submitted by the learned counsel for the petitioner that the respondents have already been represented in an Interlocutory Application being I.A.(Crl.) No. 802/2022 which was filed by the petitioner seeking condonation of the delay that had occurred.

6. In view of the submissions made by the learned counsel for the petitioner, Page No.# 3/3

the learned counsel is permitted to take steps on the respondents by serving copies of this petition on the counsels who are stated to have appeared for representing the respondents.

7. List again on 09.06.2023 on which date an attempt to be made to dispose of the criminal petition.

8. Till the next date, the impugned order dated 05.08.2022 passed in Criminal Appeal No. 40(4)/2019 shall remain suspended.

JUDGE

Comparing Assistant