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2024 Supreme(Online)(GAU) 7758

HIGH COURT OF GAUHATI
MR. JUSTICE KALYAN RAI SURANA, J
BHUPEN BORO – Appellant
Versus
JAGAT KONWAR AND 4 ORS – Respondent


Advocates:
MR. K D CHETRI, PP ASSAM

ORDER

13.09.2024 Date :

Heard Mr. K.D. Chetri, learned counsel for the applicant. Also heard Mr. R. De, learned counsel for the opposite parties.

2. The opposite parties are the petitioners in the connected Crl.Pet. 85/2024.

3. By filing I.A.(Crl.) 674/2024, the applicant, who is the son of respondent no.1 in the connected Crl.Pet. 85/2024 has prayed for being substituted as the respondent no.1 upon death of the sole respondent on 21.04.2024. The deceased respondent was the complainant, on whose complaint, Complaint Case No. 3518/2017 was registered before the Court of Chief Judicial Magistrate, Kamrup (M), Guwahati. The respondents have filed the connected criminal petition, praying for quashing of the complaint case.

4. I.A.(Crl.) 675/2024 contains prayer for vacating the order dated 10.04.2024, passed by this Court in Crl.Pet. 85/2024, thereby staying the proceedings of the complaint case.

5. I.A.(Crl.) 674/2024 has been filed under provisions of Order XXII Rule 1 CPC for substitution.

6. In order to examine as to whether the applicant can be substituted on not, it would be appropriate to examine the contents of the complaint petition. The paragraph nos. 1 to 10 and prayer of the compl

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