Abhijit Ganguly v. The State of Assam and Anr

ORDER Date : 23-10-2024 Heard Mr. M.L. Pandia, learned counsel for the petitioner, Mr. K. Baishya, Page No.# 2/2 learned Addl. PP for the respondent State and Ms. R.B. Bora, learned Leal Aid Counsel for the respondent No. 2.

¶2The petitioner has prayed for condonation of delay of 35 (Thirty Five) days as the delay was not due to willful negligence. It is further submitted that the delay is only for a few days and the applicant will suffer irreparable loss if the delay is not condoned. He has shown sufficient ground to explain the reasons of delay in preferring the appeal against the orders dated 12.04.2024 passed by the learned Sessions Judge, Bongaigaon in Criminal Revision No. 05/2023 and orders dated 20.03.2023 and 20.12.2023 passed by the learned Judicial Magistrate First Class, Bongaigaon in Misc Case No. 10/2022.

¶3It is submitted on behalf of the respondent No. 2 that not a single farthing for maintenance has been paid by the petitioner for months together. This reveals willful negligence on the part of the petitioner and delay may not be condoned.

¶4On the contrary, learned counsel for the applicant has submitted that the applicant was not well and he could not prefer the appeal within the period of limitation.

¶5I have considered the submissions at the bar with circumspection. For the interest of justice, delay of 35 (Thirty Five) days is condoned.

¶6Office to register the connected appeal.

¶7In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010152082024 2024:GAU-AS:10372 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/740/2024 ABHIJIT GANGULY S/O LATE DEEPAK KR. GHATAK, R/O SALBARI PIPELINE, NEAR BASAK STORE, P.O. AMN P.S.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:BABLI GANGULY ROY D/O LATE BIMAL CH. ROY R/O KAMATFULBARI G.P- NAKKATIGACHH BLOCK- TOOFANGANJ P.O.- KAMATFULBARI P.S.- TOOFANGANJ DIST.- COOCHBEHAR WEST BENGAL Advocate for the Petitioner : MR. M L PANDIA, MS. N K PODDAR Advocate for the Respondent : PP, ASSAM, MS. R B BORA (LEGAL AID COUNSEL FOR R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND