M/S. Abs Developers v. Girija Das
Case brief
What is this about?
Crl.Pet./793/2018, Gauhati High Court, order dated 07.03.2025 by Justice Kaushik Goswami (document identifier 2025:GAU-AS:2424). Petition under Section 482 CrPC by M/S. ABS Developers (proprietor Shrestha Sen; counsel A K Purkayastha, B K Jain, K Mitra) against complaint C.R. Case No. 2010/2018 of Girija Das under Sections 406/420/506 IPC pending before the Judicial Magistrate First Class, Kamrup(M), Guwahati (respondent's counsel D C Chakravarty; State represented by Additional Public Prosecutor P. Sarma). Complaint dismissed for non-prosecution by order dated 28.06.2019 (complainant absent without steps on three successive dates; accused discharged); the High Court held nothing survived for adjudication, dismissed/closed the petition and ordered return of the Lower Court Record. Relevant to the fate of a Section 482 petition when the underlying complaint lapses for non-prosecution.