Hellal Uddin and Anr v. The State of Assam and Anr

ORDER Date : 09.02.2024 Heard Ms. R. Choudhury, learned counsel for the applicants. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent no.1, and Mr. J. Laskar, learned counsel for the respondent no.2.

¶2This application under Section 5 of the Limitation Act, 1963 has been filed by the applicants, namely, Hellal Uddin and Moimun Nessa, praying for condoning the delay of 751 days in filing the connected criminal revision petition, by which the applicants intend to impugn the judgment and order

21.12.2018, passed by the learned Sessions Judge, Karimganj in Criminal Appeal No. 01(1)/2016, whereby the learned Sessions Judge had upheld the judgment and order dated 29.12.2015, passed by the learned Sub Divisional Judicial Magistrate, Karimganj in G.R. Case No. 315/2010, whereby the applicant no.1 was convicted under Section 354/323/341 IPC and was sentenced to undergo simple imprison for 2 (two) years for committing offence under Section 354 IPC, simple imprisonment for 3 (three) months for committing offence under Section 323 IPC, and simple imprisonment for 1 (one) month for Page No.# 3/3 committing offence under Section 341 IPC. The applicant no.2 was convicted under Section 341/323 IPC and was sentenced to undergo simple imprisonment of 3 (three) months for committing offence under Section 323 IPC, and simple imprisonment of 1 (one) month for committing offence under Section 341 IPC.

¶3The learned counsel for the applicants has submitted that for the reasons mentioned in paragraph nos.4 and 5 of the delay condonation petition, the applicants could not approach this Court within the period of limitation. On the other hand, the learned counsel for the respondent no.2 has not opposed the prayer for condoning the delay in filing the connected criminal revision petition.

¶4Considering the fact that the counsel for the respondents have not opposed the prayer for condoning the delay as well as considering the fact that the grounds stated by the applicants in paragraph nos.4 and 5 of the delay condonation petition appears to be sufficient and good ground which had prevented the applicants to approach this Court within the period of limitation, the delay of 751 days in preferring the connected revision petition is hereby condoned and this interlocutory application is accordingly disposed of.

¶5Let the connected criminal revision petition be registered and listed on

16.02.2024. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010152942023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/636/2023 HELLAL UDDIN AND ANR S/O- LATE DUDU MIA, R/O- VILL- MEDAL (CHANDPUR), P.S. AND DIST. KARIMGANJ, ASSAM 2: MOIMUN NESSA W/O- HELLAL UDDIN R/O- VILL- MEDAL (CHANDPUR) P.S. AND DIST. KARIMGANJ ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:REZIYA KHANAM W/O- LATE JALAL UDDIN VILL.- MEDAL (CHANDPUR) P.O. MEDAL PART-I P.S. AND DIST. KARIMGANJ ASSAM PIN- 788711 Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : PP, ASSAM Linked Case : HELLAL UDDIN AND ANR Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR (E) ------------ Advocate for : MS. R CHOUDHURY Advocate for : appearing for THE STATE OF ASSAM AND ANR (E) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA