Shubham Panday v. The State of Assam and Anr

ORDER

15.07.2024 Heard Mr S Nath, learned counsel for the applicant, Shubham Panday, who has filed this application under Section 5 of the Limitation Act, 1963, with prayer for condonation of Page No.# 2/2 delay of 37 days in filing the connected revision petition.

¶2The applicant has preferred the revision petition against the order dated 20.02.2024, passed by the learned Chief Judicial Magistrate, Tinsukia, Assam, in Tinsukia PS Case No. 34/2023, rejecting the protest petition filed against the Final Report, by the present petitioner. The cause of delay is that the learned engaged counsel for the applicant could obtain the certified copies of the impugned order after 7 days, and thereafter, the learned engaged counsel also advised the applicant to proceed to Guwahati, which is the other reason of delay in filing the petition. Meanwhile, the petitioner was entrusted with border duty at Arunachal Pradesh, around the Indo-China Border Area and this led to the delay in filing the revision petition.

¶3It is submitted that there was no negligence on the part of the applicant, who has provided sufficient grounds for delay in filing the revision petition.

¶4Heard Ms N Das, learned Additional Public Prosecutor for the State of Assam, who has raised no objection.

¶5Considering the submissions at the Bar, the delay is condoned.

¶6Registry is directed to register the connected revision petition, in the usual process.

¶7In terms of the above observations, this interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010132142024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/616/2024 SHUBHAM PANDAY SON OF LATE OMPRAKASH PANDAY, RESIDENT OF 251 JANTA QUARTER STADIUM GROUND, NANDA NAGAR, INDORE, DISTRICT INDORE, MADHYA PRADESH, PIN CODE- 452011 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:THE OFFICER-IN-CHARGE TINSUKIA POLICE STATION P.O. AND P.S. TINSUKIA IN THE DISTRICT OF TINSUKIA ASSAM PIN CODE- 78612 Advocate for the Petitioner : MR. S NATH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND