Bitul Das v. The State of Assam and Anr

ORDER Date : 29.10.2024

Heard Ms. D.Dutta, learned counsel for the applicant as well as Mr. Page No.# 2/2 D.P.Goswami, learned Addl. P.P., appearing for the State/opposite party No. 1. Ms. S.Neog, learned counsel appears for the opposite party No.2. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 386 days in preferring the connected Criminal Revision Petition against the judgment and order dated 10.05.2022 passed in Criminal Appeal No. 8(1)/2019 by the learned Additional Sessions Judge, FTC, Lakhimpur, North Lakhimpur affirming the judgment and order dated 26.12.2018 passed by the learned CJM, Lakhimpur, North Lakhimpur in GR Case No.1534/2015 under Section 447/354/323 of the IPC. Learned Addl.P.P. for the opposite party No.1 as well learned counsel for the opposite party No. 2 submit no objection against the prayer of the applicant. Upon hearing the learned counsel for both sides and on perusal of the grounds of delay, the prayer for condoning the delay of 386 days in preferring the connected criminal revision petition is hereby allowed. Accordingly, the delay of 386 days is hereby condoned as prayed for. Registry to register the connected Criminal Revision Petition and list the same for admission hearing. The interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010198342023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/817/2023 BITUL DAS S/O SRI MAJU DAS R/O ROMONICHUK P.O. AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:SMTI. JYOTSNA GOHAIN BARUAH W/O DILIP KUMAR GOGOI R/O NAKARI WARD NO. P.O. AND P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. P J SAIKIA, MS D DUTTA Advocate for the Respondent : PP, ASSAM, MR. B BORGOHAIN (R-2),MR. B SAIKIA (R-2),MR. S NEOG (R-2),MS. S G BARUAH (R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI