Allowed

Rajesh Deka v. Smt. Apahi Bharati Alias Mico Bharati and Anr.

Gauhati HC6 Jan 2021Crl.Rev.P./87/2017

Case brief

AI extract

What is this about?

In a revision petition, the Gauhati High Court set aside an order dismissing the petitioner's application due to absence. The court directed the trial court to reconsider the application on merit, noting the petitioner likely missed the hearing due to lack of notice regarding the case transfer.

What did the court decide?

The order dated 27.07.2015 is set aside; trial court directed to reconsider application No. 797/2015 on merit.

Rajesh Deka Vs Smt. Apahi Bharati Alias Mico… — Writ and Judicial Review | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010016042017

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

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Case No. : Crl.Rev.P./87/2017

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RAJESH DEKA

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S/O. LT. AMARNATH DEKA, R/O. KUMARPARA, P.S. BHARALUMUKH, GUWAHATI-781009, KAMRUP M, ASSAM.

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VERSUS

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SMT. APAHI BHARATI ALIAS MICO BHARATI and ANR. D/O. SRI GOLAP CHANDRA DAS, C/O. BHARATI ENTERPRISED CLINIC AND THERAPY CENTER, KERALA AYRVEDA PHARMACY LTD., SATYAJNAN, GROUND FLOOR, DIGHALIPUKHURI EAST, P.S. LATASIL, GHY.-01.

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2:M/S. BHARATI ENTERPRISES REP. BY ITS PROPRIETOR SRI APAHI BHARATI HIVING ITS OFFCE AND PRINCIPAL PLACE OF BUSINESS AT C/O. BHARATI ENTERPRISES CLINIC AND THERAPY CENTER KERALA AYRVEDA PHARMACY LT. SATYAJNAN GROUND FLOOR DIGHALIPUKHURI EAST P.S. LATASIL GHY.-01

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Advocate for the Petitioner : MR.K RAJBONGSHI

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Advocate for the Respondent : MR.A GOSWAMIR-1-2

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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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Page No.# 2/2

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ORDER

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Date : 06-01-2021

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Heard Mr. S.P. Roy, learned counsel for the petitioner and Mr. G. Kakati, learned counsel for the respondents.

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The petitioner is aggrieved by the order dated 27.07.2015 passed by the learned S.D.J.M.- II, Kamrup (Metro), Guwahati whereby the application No. 797/2015 filed by the petitioner herein was rejected for not pressing as the petitioner was absent on the relevant date.

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Mr. S.P. Roy, learned counsel for the petitioner submits that initially the criminal proceeding was pending before the learned C.J.M., Kamrup (Metro), Guwahati and lateron it was transferred to the court of the learned S.D.J.M.-II, Kamrup (Metro), Guwahati and the petitioner did not received the notice of the transfer of the case to the leanred S.D.J.M.-II, Kamrup (Metro), Guwahati and therefore he could not be present on that date, which resulted in dismissal of the petition filed by the petitioner before the learned trial court.

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From the order dated 27.07.2015 it is apparent that the complainant was absent and there is also no material on records to show that the petitioner was aware regarding transfer of the case.

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In view of the above, this petition is disposed of with a direction to the learned trial court to re-consider the application No. 797/2015 on merit in accordance with law.

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Accordingly, the order dated 27.07.2015 stands set aside.

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Since the matter is pending for long time, the parties are directed to appear before the learned trial court on or before 26.02.2021.

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The petition is disposed of.

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JUDGE

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Comparing Assistant

Rajesh Deka v. Smt. Apahi Bharati Alias Mico Bharati and Anr.

Case brief

What is this about?

What did the court decide?

Rajesh Deka v. Smt. Apahi Bharati Alias Mico Bharati and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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