Monbhadra v. The State of Assam

ORDER 15-07-2024 Heard Ms. K Khan, learned counsel for the applicant/petitioner and Ms. S Jahan, learned Additional Public Prosecutor, Assam for the State. By judgment dated 18.09.2023 passed in Criminal Appeal No. 22/2022, the learned Sessions Judge, Udalguri upheld the sentence passed by the learned Chief Judicial Magistrate, Udalguri dated 29.09.2022 in PRC Case No. 1298/2019 arising out of G.R. Case No. 927/2019 convicting the applicant with simple imprisonment for three months with a fine of Rs. 5,000/- under Section 324 IPC and in default of payment of fine, simple imprisonment for another month. Aggrieved with the same, the convict accused has filed the connected revision petition with a delay of 50 days. The applicant/petitioner submitted that he could obtain the certified copy of the order dated 18.09.2023 passed by the learned Sessions Judge, Udalguri on 09.11.2023, after applying on 21.09.2023. Thereafter, he contacted his counsel, who suddenly had to undergo medical treatment and surgery and as such, there was delay in preferring the connected revision petition against the said judgment dated 18.09.2023, noted above. The applicant/petitioner could furnish sufficient reasons for the delay in preferring the connected revision petition. After hearing the learned counsels for the parties and considering the entire aspect of the matter, the delay of 50 days in preferring the connected revision petition against the judgment dated 18.09.2023 passed in Criminal Appeal No. 22/2022 is hereby condoned. Accordingly, this interlocutory application is allowed. Page No.# 3/3 Registry shall register and number the connected revision petition preferred by the applicant as petitioner and shall list the matter for Admission.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010027772024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/129/2024 MONBHADRA S/O LATE SANJIB BHADRA R/O GRANDLAND BAGISHA KALAIGAON, P.O. BORBAGAN, P.S. DHOLA, DIST. UDALGRI VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. P CHAKRABORTY Advocate for the Respondent : PP, ASSAM Linked Case : MONBHADRA VERSUS THE STATE OF ASSAM (E) Page No.# 2/3 ------------ Advocate for : MS. P CHAKRABORTY Advocate for : appearing for THE STATE OF ASSAM (E) BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK