Goutam Sinha Vs Brajendra Das and Ors.

SON OF LATE NIRANJAN CH. DAS R/O H/NO. 10, BYE-LANE NO.12, LACHIT NAGAR MAIN ROAD UNDER PALTAN BAZAR POLICE STATION IN THE DISTRICT OF KAMRUP (M), ASSAM 781007

¶12

2:DHIRAJ CH. DAS

¶13

SON OF NARAYAN CH. DAS R/O GARIGAON

¶14

NEAR ASSAM FOREST SCHOOL

¶15

GUWAHATI12

¶16

UNDER JALUKBARI POLICE STATION IN THE DISTRICT OF KAMRUP (M) ASSAM 781007

¶17

3:SUBHRADEEP DAS

¶18

SON OF CHAYAN KANTI DAS R/O H/NO. 15

¶19

SANGHATI LANE DAS COLONY SILCHAR UNDER SILCHAR POLICE STATION IN THE DISTRICT OF SRIBHUMI ASSAM.

¶20

4:THE STATE OF ASSAM REP BY THE PP ASSA

¶21

Advocate for the Petitioner : MR. T DEURI, U BHARADWAJ,MS. L WANGSA,MRS. R S

¶22

Page No.# 2/3

¶23

DEURI,MS A DAS

¶24

Advocate for the Respondent : PP, ASSAM,

¶25

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶26

ORDER

¶27

Date : 06-08-2025

¶28

Heard Mr. T. Deuri, learned counsel for the applicant and Mr. D. Talukdar, learned counsel for the opposite party nos. 1, 2 & 3; and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party no. 4, State of Assam.

¶29

The instant interlocutory application is preferred by the applicant seeking his impleadment as respondent no. 2 in Criminal Petition no. 687/2025, preferred by the opposite party nos. 1, 2 & 3 as petitioners before this Court. The said criminal petition is pending as on date for consideration.

¶30

The criminal petition, Criminal Petition no. 687/2025 has been preferred by the opposite party nos. 1, 2 & 3 as the petitioners to assail an Order dated 21.05.2022 passed by the Court of learned Sub-Divisional Judicial Magistrate [S] No. II, Kamrup [M] at Guwahati whereby cognizance was taken against the said petitioners under Section 301/304[A], Indian Penal Code [IPC] in PRC No. 971/2022. The accused persons have approached the High Court for quashing the criminal proceedings initiated at the instance of the applicant as the informant in Fatasil Ambari Police Station Case no. 8/2018, the genesis of PRC No. 971/2022.

¶31

Mr. Talukdar, learned counsel for the opposite party nos. 1, 2 & 3 has fairly

¶32

Page No.# 3/3

¶33

submitted that he has no objection if the applicant is impleaded as respondent no. 2 in the connected criminal petition.

¶34

In J.K. International vs. State [Govt. of NCT of Delhi] and others, reported in [2001] 3 SCC 462, it has been observed as under :-

¶35

… It may not be that the complainant should have been made a party by the accused himself in the petition for quashing the criminal proceedings, as the accused has no such obligation when the case was charge-sheeted by the police. It is predominantly the concern of the State to continue the prosecution. But when the complainant wishes to be heard when the criminal proceedings are sought to be quashed, it would be a negation of justice to him if he is foreclosed from being heard even after he makes a request to the court in that behalf.

¶36

In the above view, the instant interlocutory application is allowed. The Registry to implead the applicant herein as the respondent no. 2 in the connected criminal petition, Criminal Petition no. 687/2025.

¶37

Mr. Talukdar shall file an amended cause-title in terms of the Notification no. 79 dated 19.06.2023 within 3 [three] working days from today.

¶38

JUDGE

¶39

Comparing Assistant

Goutam Sinha v. Brajendra Das and Ors.

Case brief

What is this about?

What did the court decide?

Goutam Sinha v. Brajendra Das and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Safur Ali Vs the State of Assam and Anr.

Arpana Sarmah Vs the State of Assam and 4 Ors.

Bhargab Kaushik Vs Dilip Kumar Bhagabati

Saitul Islam Vs the State of Assam and Anr.

Akram Ali Vs the State of Assam

Musstt Rahida Begam Vs the State of Assam and Anr.