The Gauhati High Court dismissed a writ petition registered under W.P.(Crl.) No.17/2016 for non-prosecution because the petitioner's counsel was consistently absent despite having been served an earlier notice of adjournment.
The petition was dismissed for non-prosecution due to the absence of the petitioner's counsel.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010117562016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(Crl.) 17/2016
1:DIPAK ROY CHOUDHURY S/O. LT. S.K. ROY CHOUDHURY, R/O. R.K. DEKA PATH, VILL. KALAPAHAR, GHY.-16.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME, DISPUR, GHY.-781006.
2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GHY.-781006.
3:THE DIRECTOR GEN. OF POLICE GOVT. OF ASSAM ULUBARI GHY.-781007.
4:THE COMMISSIONER OF POLICE GUWAHATI M ASSAM GHY.-781001. 5:THE OFFICER IN CHARGE FATASHIL AMBARI POLICE STATION GHY.-781025
Advocate for the Petitioner : MS.K GOGOI
Advocate for the Respondent : GA, ASSAM
Page No.# 2/2
BEFORE
HON’BLE MR. JUSTICE HRISHIKESH ROY
09.02.2018
The petitioner’s counsel is absent when the case is called. For the same reason, this case had to be adjourned earlier on 03.01.2018 with the following order:-
“The petitioner's daughter, aged about 24 years, went missing leading to registration of the Fatasil Ambari P.S. Case No.152/2016 on 20.03.2016 (Annexure-C).
When the case is called, the petitioner is unrepresented. However, Mr. D. Nath, the learned Addl. Sr. Govt. Advocate submits that the investigation has revealed that the missing person has got married at her own volition with the named accused Lalan Sheikh @ Ariyan Sheikh. Moreover in the Criminal Petition No.746/2016 filed by the accused to seek quashing of the abduction case, the High Court on 26.09.2016 has stayed further proceeding in the Fatasil Ambari P.S. Case No.152/2016 .
In view of above, as the petitioner's lawyer is absent, the case is adjourned by 4(four) weeks.”
The above order reflects that the petitioner’s daughter has got married on her own volition.
Be that as it may, as there is none to pursue this matter, the case is dismissed for nonprosecution.
Sd/-
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a writ petition regarding a missing person can be dismissed for lack of prosecution.
Whether the High Court should continue proceedings in the absence of counsel for the petitioner.
Colour shows how this judgement treated each authority
Criminal Petition No.746/2016Referred¶20
Dipak Roy Choudhury
The State of Assam
Hrishikesh Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
