Disposed¶28

Biraj Kr Dutta v. the State of Assam and 3 Ors.

Gauhati HC5 Mar 2025Crl.Pet./253/2023

Case brief

AI extract

What is this about?

Abatement of criminal revision on death of petitioner during pendency; closure of revision petition and linked criminal petition; Gauhati High Court; Crl.Rev.P./362/2019 (Biraj Kr. Dutta v. State of Assam and Anr.); linked Crl.Pet./253/2023 (Biraj Kr Dutta v. State of Assam and 3 Ors); death on 20.01.2025; death certificate dated 27.07.2015 marked X; Kaushik Goswami, J.; order dated 06.03.2025.

What did the court decide?

The Criminal Revision Petition (Crl.Rev.P./362/2019) abated against the deceased petitioner and, nothing surviving for adjudication, both the Criminal Revision Petition and the linked Criminal Petition (Crl.Pet./253/2023) were closed. ¶28

Biraj Kr Dutta Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010207852019

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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./362/2019

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BIRAJ KR. DUTTA

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S/O LATE GANGADHAR DUTTA, R/O BIR CHILARAI PATH, GOALPARA, P.O. AND P.S. AND DIST-GOALPARA

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VERSUS

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THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:SMTI MINA DUTTA W/O SRI BIRAJ KR DUTTA R/O FLAT NO. 02 RAJDHANI APARTMNET ZOO ROAD NEAR HOTEL KAMRUPA DIST-KAMRUP(M) GUWAHAT

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Advocate for the Petitioner : MR. P BOIRAGI, MR. J I BORBHUIYA,MR. S J SARMAH,MRS. B TALUKDAR,MR G G GOGOI

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Advocate for the Respondent : PP, ASSAM, DR. N DEKA (r-2),MR. S K JAIN,MR. A GANGULY

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Linked Case : Crl.Pet./253/2023

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BIRAJ KR DUTTA S/O LATE GANGADHAR DUTTA PERMANENT RESIDENT OF BIR CHILARAI PATH

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Page No.# 2/3

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GOALPARA P.O. AND P.S. GOALPARA DIST. GOALPARA ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS TO BE REP. BY THE PP ASSAM 2:SMTI. MINA DUTTA W/O SRI BIRAJ KR. DUTTA R/O FLAT NO. 02 RAJDHANI APARTMENT ZOO ROAD NEAR HOTEL KAMRUPA DIST. KAMRUP (M) GUWAHATI ASSAM

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3:MS. KASTURI KAUSHIK D/O SRI BIRAJ KR. DUTTA R/O FLAT NO. 02 RAJDHANI APARTMENT ZOO ROAD NEAR HOTEL KAMRUPA DIST. KAMRUP (M) GUWAHATI ASSAM

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4:SRI KRISHNA KAUSHIK S/O SRI BIRAJ KR. DUTTA

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R/O FLAT NO. 02 RAJDHANI APARTMENT ZOO ROAD NEAR HOTEL KAMRUPA DIST. KAMRUP (M) GUWAHATI ASSAM -----------Advocate for : MR J I BARBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 3 ORS

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Page No.# 3/3

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 06.03.2025

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Heard Ms. P Chakraborty, learned counsel appears on behalf of respondent No. 2. Also heard Ms. S.H Borah, learned Addition Public Prosecutor for the state respondent.

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Ms. A Talukdar, learned counsel for the petitioner, submits that during the pendency of the Criminal Revision Petition, the petitioner expired on 20.01.2025 and in support of the said submission, she produces the Death Certificate dated 27.07.2015 which is taken on record and marked as X.

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In view of the aforesaid endorsement made by the learned counsel for the petitioner, the Criminal Revision Petition stands abated against the petitioner. As such, nothing survives for adjudication in the Criminal Revision Petition and therefore, both the Criminal Revision Petition and Criminal Petition stands closed.

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JUDGE

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Comparing Assistant

Biraj Kr Dutta v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Biraj Kr Dutta v. the State of Assam and 3 Ors.

Case brief

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What did the court decide?

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What the court decided

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