This order dismissed a criminal petition for non-prosecution. The court noted the petitioner had no representative in court despite listed counsel and vacated an interim order suspending criminal proceedings.
Criminal petition dismissed for non-prosecution; interim order of 16.08.2012 vacated.
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.
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GAHC010211722012
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 520/2012
1:SUDARSHAN BHATTARI and 3 ORS
AGED ABOUT 70 YEARS SON OF LATE BHABANI BHATTARAI
2: SMT. DHANAMAYA BHATTARAI
W/O SUDARSHAN BHATTARAI AGED ABOUT 65 YEARS.
3: SRI PADMA BHATTARAI
SON OF SUDARSHAN BHATTARAI AGED ABOUT 25 YEARS
4: SRI NETRA BHATTARAI
AGED ABOUT 30 YEARS SON OF SUDARSHAN BHATTARAI ALL ARE RESIDENT OF VILL- HATIMURA P.O. TUMPRENG P.S. BOITHALANGSU DIST. KARBI ANGLONG ASSAM
VERSUS
1:SMT. REKHA RIJAL
D/O JADAV RIZAL R/O NATUN BALIJAN P.S. SADIYA PIN- CODE DIST. TINSUKIA, ASSAM.
Advocate for the Petitioner : MR.K GOGOI
Advocate for the Respondent :
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BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
04-01-2019
No representation on behalf of the petitioner on call.
The interim order is in force since 16.08.2012 wherein the further proceeding of CR Case No. 10/2011 pending before the learned SDJM, Sadiya, Chapakhowa against the petitioner under Section 509/376/420/307/306/34 of the IPC was suspended.
Though the daily cause list reflects the names of five counsels for the petitioner, but none appeared to represented him.
This criminal petition accordingly stands dismissed for non-prosecution.
Interim order passed earlier on 16.08.2012 stands vacated.
Registry shall communicate this order to the Court of learned SDJM, Sadiya, Chapakhowa forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to dismiss a criminal petition due to non-prosecution.
SUDARSHAN BHATTARI and 3 ORS
SMT. REKHA RIJAL
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
