Gauhati High Court
Page No.# 1/5 vs Sri Nityananda Baruah And Anr on 5 June, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010141172023
2025:GAU-AS:7350
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/586/2023
ON THE DEATH OF DEVDULAL SHARMA HIS LEGAL HEIRS MALINI
PORASAR AND ORS
R/O PANIGAON
SANTIBAN
NEAR L.P. SCHOOL
P.O. ITACHALI S.O.
P.S. AND DISTRICT NAGAON
ASSAM
PIN 782003.
2: MISS AADITRI SHARMA
D/O LATE DEVDULAL SHARMA
R/O PANIGAON
SANTIBAN
NEAR L.P. SCHOOL
P.O. ITACHALI S.O.
P.S. NAGAON
DISTRICT NAGAON
ASSAM
PIN 782003. BEING MINOR
REPRESENTED BY HER NATURAL MOTHER I.E. SL. NO. 1
3: SRI DULAL SHARMA
S/O LATE KAMAL CHANDRA SHARMA
FATHER OF LATE DEVDULAL SHARMA
R/O PANIGAON
SANTIBAN
NEAR L.P. SCHOOL
P.O. ITACHALI S.O.
P.S. NAGAON
DISTRICT NAGAON
ASSAM.
Page No.# 2/5
4: SMT. PANCHALI KHOUND
W/O SRI DULAL SHARMA
R/O PANIGAON
SANTIBAN
NEAR L.P. SCHOOL
P.O. ITACHALI S.O.
P.S. NAGAON
DISTRICT NAGAON
ASSAM.
VERSUS
SRI NITYANANDA BARUAH AND ANR
S/O SRI KAMAL BARUAH
PRESENT ADDRESS- CHOWKIDINGHEE RAILWAY COLONY
DIBRUGARH TOWN
P.O.
P.S. AND DIST.- DIBRUGARH
ASSAM AND PERMANENT ADDRESS- KAKADUNGA
HABIGAON
BLOCK NO. 4
P.O. URANGIAL
P.S. BORHOLLA
DIST.- JORHAT
ASSAM.
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSAM
------------
Advocate for : MR. S K BHATTACHARYYA
Advocate for : PP
ASSAM appearing for SRI NITYANANDA BARUAH AND ANR
Linked Case :
SRI DEVDULAL SHARMA
VERSUS
SRI NITYANANDA BARUAH AND ANR
-----------
Advocate for :
Page No.# 3/5
Advocate for : appearing for SRI NITYANANDA BARUAH AND ANR
Linked Case : Crl.L.P./63/2019
SRI DEVDULAL SHARMA
C/O- MADHURJYA PATOWARY
H/NO. 5A
SURABHI PATH
BYE LANE NO. 3
CHANDAN NAGAR
VIP ROAD
SIX MILE
GUWAHATI- 781022
DIST.- KAMRUP(M)
ASSAM AND PRESENT ADDRESS- C/O- RITA DEVI
NEAR MRINMOY BAJAJ DEALER
BUHAGAON
MORIGAON
PIN- 782105.
VERSUS
SRI NITYANANDA BARUAH AND ANR
S/O- SRI KAMAL BARUAH
PRESENT ADDRESS- CHOWKIDINGHEE RAILWAY COLONY
DIBRUGARH TOWN
P.O.
P.S. AND DIST.- DIBRUGARH
ASSAM AND PERMANENT ADDRESS- KAKADUNGA
HABIGAON
BLOCK NO. 4
P.O. URANGIAL
P.S. BORHOLLA
DIST.- JORHAT
ASSAM.
2:THE STATE OF ASSAM
REP. BY P.P.
ASSAM.
------------
Advocate for : MR. S K BHATTACHARYYA
Advocate for : PP
ASSAM appearing for SRI NITYANANDA BARUAH AND ANR
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
05.06.2025
Heard Mr. S. K. Bhattacharyya, learned counsel for the applicants and Mr. S. J. Kalita,
learned counsel appearing on behalf of Mr. C. Chakravarty, learned counsel for the respondent
No. 1. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the
State/opposite party No. 2.
2. One Devdulal Sharma, as complainant filed a complaint case being C.R. Case No.
2362C/2015 against the respondent No. 1. By judgment and order dated 03.04.2019 passed
by learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati in said C.R. Case No.
2362C/2015 acquitted the respondent No. 1 from the purview of Section 138 of the N.I. Act.
Being aggrieved, said Devdulal Sharma, the complainant preferred the connected Criminal
Leave Petition No. 63/2019 under Section 378(4) Cr.P.C. praying for leave of the Court to
prefer an appeal against the said judgment and order of acquittal dated 03.04.2019 passed
by the learned JMFC, Kamrup (Metro), Guwahati in the said C.R. Case.
3. During pendency of the said Criminal Leave Petition No. 63/2019, its petitioner, said
Devdulal Sharma expired on 17.08.2021.
4. Therefore, the applicants, being the legal heirs of the said deceased Devdulal Sharma
on 28.06.2023 filed this application under Section 302 Cr.P.C. praying for substitution of their
names in place of the deceased petitioner Devdulal Sharma in the connected Criminal Leave
Petition No. 63/2019.
5. By a separate order passed today in the connected I.A. (Crl.) No. 585/2023, the Court
has already condoned the delay in preferring this substitution application filed by the
applicants.
Page No.# 5/5
6. After hearing the parties and considering entire aspect of the matter, this application for
substitution of the names of the applicants, being the legal heirs of said deceased Devdulal
Sharma, in his place in the connected Criminal Leave Petition No. 63/2019 is hereby allowed.
7. Registry shall incorporate the names of the applicant Nos. 1 to 4 in place of deceased
petitioner Devdulal Sharma in the connected Criminal Leave Petition No. 63/2019 and shall
accordingly correct the cause title of the said Criminal Leave Petition No. 63/2019.
8. With the above observations, this interlocutory application stands disposed of.
JUDGE
Comparing Assistant
