Ratul Hussain v. The State of Assam and Anr

ORDER

20.05.2024

Heard Mr. I. A. Hazarika, learned counsel for the applicant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State respondent. This application filed under Section 5 of the Limitation Act, 1963, praying for condoning the delay of 2161 days in filing the criminal revision challenging the impugned Judgment and Order dated 06.03.2014 passed by the learned Session Judge, Golaghat in Criminal Appeal No.03/2011 affirming the judgment of conviction and sentence dated

14.12.2010 passed by the learned Additional Chief Judicial Magistrate, Golaghat in G. R. Case No.875/2007, whereby, convicting the applicant under Section 326/34 of IPC and sentencing him to suffer Rigorous Imprisonment for 2(two) years and pay a fine of Rs.10,000/- (Rupees ten thousand) only, under Section 326/34 of IPC and in default R.I. for another 6(six) months. It is submitted by the learned counsel for the applicant, Mr. Hazarika that the accused/applicant was not at all aware about the order passed by the learned Trial Court and he came to know about the same only when the said Trial Court issued NBWA issued against him which he later came to know from his co-villagers. Thereafter, he made an inquiry in the house of the engaged counsel and then, he came to know that his engaged counsel has already expired on 02.02.2019 due to some illness, but, he was not aware about the death of his engaged counsel as well as the order passed by the learned Trial Court. Accordingly, there was a delay of 2161 days in filing the connected criminal revision petition. In this regard, Ms. Jahan, learned Additional Public Prosecutor has submitted that the applicant had also knowledge of pendency as well as disposal of the case. And thus, due to intentional negligence of the applicant, they did not appear before the learned Trial Court. However, she submitted that considering the other aspect of the case, delay may be Page No.# 3/3 condoned. Considering the submissions of learned counsel for the applicant and also considering the grounds mentioned in the petition as well as for the ends of justice, this Interlocutory Application stands allowed and the delay of 2161 (Two thousand one hundred sixty one) days in preferring the connected appeal is hereby stands condoned.

Registry to register the connected revision petition and list the same for Admission hearing in its usual course.

The Interlocutory Application stands disposed of in terms above.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010021672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/173/2024 RATUL HUSSAIN S/O LATE FAZIR UDDIN AHMED VILL- NAHARANI MAJGAON P.S. DERGAON DIST. GOLAGHAT, ASSAM PIN-785618 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:FARIDUR RAHMAN S/O MD. AMIN ALI VILL- NAHARANI MAJGAON P.S. DERGAON DIST. GOLAGHAT ASSAM PIN-78561 Advocate for the Petitioner : MR. A M AHMED Advocate for the Respondent : PP, ASSAM Linked Case : RATUL HUSSAIN VERSUS THE STATE OF ASSAM AND ANR (E) Advocate for : MR. A M AHMED Advocate for : appearing for THE STATE OF ASSAM AND ANR (E) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA