Belun @ Balen Roy v. The State of Assam

ORDER

06.09.2024

¶1Heard learned counsel Mr. P. K. Das for the applicant Belun @ Balen Roy.

¶2This application has been filed by the applicant under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 236 days in filing the Criminal Revision Petition under Section 438 read with Section 442 of the BNSS, 2023.

¶3It is submitted on behalf of the applicant that vide judgment and order dated 30.09.2023, the learned Sessions Judge in Criminal Appeal has upheld the judgment and order of conviction passed by the learned Assistant Sessions Judge, Kokrajhar in connection with Sessions Case No. T2/10/2018.

¶4Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶5Learned Additional Public Prosecutor has raised objection as the delay was for

more

than

days. It is submitted on behalf of the applicant that due to an inadvertent error, a Criminal Appeal was filed instead of a Criminal Revision petition and thereafter the applicant was allowed to withdraw the appeal. Vide order dated 07.08.2024, in Criminal Appeal No. 179/2024, the appeal was allowed to be withdrawn. After withdrawal of the appeal, the applicant has filed this Criminal Revision petition. It appears that there was no willful negligence on the part of the applicant. The applicant has attributed sufficient grounds for condonation of delay.

¶6Considering all aspects, delay of 236 days is hereby condoned.

¶7Registry to register the connected Criminal Revision petition. Page No.# 3/3

¶8In terms of the above observation, I. A. stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010173342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/835/2024 BELUN @ BALEN ROY S/O LT. PENDA ROY R/O VILL- PADMABIL P.O. AND P.S. GOSSAIGAON, DIST. KOKRAJHAR (BTAD), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, Linked Case : BELUN @ BALEN ROY VERSUS THE STATE OF ASSAM (A) Page No.# 2/3 ------------ Advocate for : MR P K DAS Advocate for : appearing for THE STATE OF ASSAM (A) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND