Naba Kumar Baruah v. The State of Assam and Anr

ORDER

16.02.2024 Heard Mr K U Ahmed, learned counsel for the applicant, Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam/respondent No. 1 and Mr S R Gogoi, learned counsel for the respondent No. 2. Page No.# 2/2

¶2This application under Section 5 of the Limitation Act, has been preferred by the applicant, Naba Kumar Baruah, with a prayer for condonation of delay as there was a delay of 32 days in filing the revision petition against the Judgment and Order dated

15.05.2023, passed by the learned Additional Sessions Judge No. 3, Nagaon, in Criminal Appeal No. 17(N)/2020.

¶3As there is no objection from the learned counsel for the respondents for condonation of delay, the delay is condoned.

¶4It is submitted on behalf of the applicant that as the applicant was not well there was a delay in filing the petition.

¶5Sufficient cause has been shown and the medical documents have been annexed with the application.

¶6Considering all aspects, the delay is condoned.

¶7Interlocutory Application is disposed of accordingly.

¶8Registry to register the connected Criminal Revision Petition and, thereafter, list the matter immediately.

¶9The applicant shall furnish copies of the petition to the learned counsel for the respondent No. 2, during the course of the day. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010194692023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/819/2023 NABA KUMAR BARUAH S/O LATE KUSHORAM BARUAH R/O VILL- NOLTOLI, P.O. BHUMURAGURI P.S. ULUWONI, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:SRI RAJEN NEOG S/O LATE PURNA NEOG R/O VILL- MADHATARI P.O. PUBTHORIA P.S. KALIABOR DIST. NAGAON ASSAM Advocate for the Petitioner : K U AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND