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.)/585/2023
ON THE DEATH OF DEVDULAL SHARMA HIS LEGAL HEIRS MALINI
PORASAR AND 3 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.
4: SMT. PANCHALI KHOUND
W/O SRI DULAL SHARMA
R/O PANIGAON
SANTIBAN
Page No.# 2/5
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
ASSA
Advocate for the Petitioner : MR. S K BHATTACHARYYA, MR H MAURYA
Advocate for the Respondent : PP, ASSAM,
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
Page No.# 3/5
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
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 filed a complaint case against the opposite party No. 1 being C.R.
Case No. 2362C/2015.
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3. By judgment and order dated 03.04.2019 passed in said C.R. Case No. 2362 C/2015, the
learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati acquitted the opposite party
No. 1 from the purview of Section 138 of the N.I. Act. Being aggrieved, said Devdulal
Sharma, the complainant of said C.R. Case No. 2362 C/2015 during his lifetime preferred the
connected Criminal Leave Petition No. 63/2019 under Section 378(4) of the 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 said C.R. Case.
4. During pendency of the said Criminal Leave Petition No. 63/2019, its petitioner, i.e., the
original complainant Devdulal Sharma expired on 17.08.2021. As such, the applicants, being
the legal heirs of the said deceased Devdulal Sharma on 28.06.2023 filed an application
under Section 302 Cr.P.C. being I.A. (Crl) No. 586/2023 praying for substitution of their names
in place of said Devdulal Sharma in the connected Criminal Leave Petition No. 63/2019, with a
delay of 388 days.
5. Hence this application by the applicants under Section 5 of the Limitation Act, 1963
praying for condonation of the said delay of 388 days in preferring the connected substitution
Application I.A. (Crl) No. 586/2023 for substitution of their names in the connected Criminal
Leave Petition No. 63/2019.
6. The applicant No. 1 is the wife of said Devdulal Sharma, whereas the applicant No. 2 is
his minor daughter and the applicant Nos. 3 and 4 are the parents (father and mother) of
said deceased Devdulal Sharma.
7. After hearing the parties and considering the materials on record, this Court finds that
the applicants could show and place sufficient reasons for the delay in preferring the
connected interlocutory application for substitution of their names in place of the deceased
petitioner Devdulal Sharma.
8. Accordingly, the delay of 388 days in preferring the connected substitution application
I.A. (Crl) No. 586/2023 by the applicants for substitution of their names in the connected
Criminal Leave Petition No. 63/2019 in place of the deceased petitioner/original applicant
Devdulal Sharma is hereby condoned.
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9. With the above observations, this interlocutory application stands allowed.
JUDGE
Comparing Assistant
