Dismissed¶31

Krishna Kanta Boruah v. the State of Assam and Anr.

Gauhati HC8 Jun 2025I.A.(Crl.)/1085/2024

Case brief

AI extract

What is this about?

Gauhati High Court order dated 09.06.2025 by Susmita Phukan Khaund, J. in I.A.(Crl.)/1085/2024 (applicant Krishna Kanta Boruah v. State of Assam and Anr; linked case Crl.Pet./274/2024). Application under Section 482 BNSS 2023 for restoration of Crl.Pet./274/2024 (quashing prayer re North Lakhimpur P.S. Case No. 16/2024, Sections 448/336/511 IPC; petition dismissed for non-prosecution on 19.08.2024; charge-sheet since laid). Withdrawal allowed; application dismissed on withdrawal with liberty to file fresh application. No precedent cases cited.

What did the court decide?

Liberty to file a fresh application (challenging the charge-sheet) ¶31

Krishna Kanta Boruah Vs the State of Assam and Anr. — Anticipatory Bail | Gauhati HC (2025)

Page No.# 1/3

GAHC010213632024

undefined

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

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Case No. : I.A.(Crl.)/1085/2024

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KRISHNA KANTA BORUAH S/O SRI BIPIN BORUAH A RESIDENT OF VILL- LAKHIMIGAON, P.O. BONGALCHUCK, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN-787031

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM

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2:SMTI. CHITRA REKHA ROY RAJKHOWA W/O SRI HEMANTA RAJKHOWA

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R/O VILL- KARIGAON P.O. DOOLAHAT P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-78702

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Advocate for the Petitioner : MR. J C GOGOI, MR. B D GOSWAMI,MR B ISLAM

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Advocate for the Respondent : PP, ASSAM,

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Linked Case : Crl.Pet./274/2024

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Page No.# 2/3

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KRISHNA KANTA BORUAH S/O SRI BIPIN BORUAH A RESIDENT OF VILL- LAKHIMIGAON

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P.O. BONGALCHUCK P.S. NORTH LAKHIMPUR

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DIST. LAKHIMPUR ASSAM PIN-787031

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM

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2:SMTI. CHITRA REKHA ROY RAJKHOWA W/O SRI HEMANTA RAJKHOWA

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R/O VILL- KARIGAON P.O. DOOLAHAT P.S. NORTH LAKHIMPUR

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DIST. LAKHIMPUR ASSAM PIN-787023 -----------Advocate for : MR. J C GOGOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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09.06.2025

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Learned counsel Mr. B. D. Goswami is present for the applicant Krishna Kanta Boruah who has filed an application under Section 482 of the BNSS, 2023

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Page No.# 3/3

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with prayer for quashing the North Lakhimpur P.S. Case No. 16/2024 under Sections 448/336/511 of the IPC and was registered as Crl.Pet No. 274/2024.

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Learned Additional Public Prosecutor Mr. P. Borthakur is present for the respondent State.

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This criminal petition No. 274/2024 was dismissed for non-prosecution vide order dated 19.08.2024. The applicant has prayed for withdrawal of this application which has been filed for restoration of the criminal petition No. 274/2024 with liberty to file a fresh petition challenging the charge-sheet as charge-sheet has been laid against the petitioner. Prayer for withdrawal of this application is allowed.

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In terms of the above observation, this application is dismissed on withdrawal with a liberty to file a fresh application.

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JUDGE

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Comparing Assistant

Krishna Kanta Boruah v. the State of Assam and Anr.

Case brief

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Krishna Kanta Boruah v. the State of Assam and Anr.

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