Samsul Talukdar v. Ramicha Begum

ORDER

18.09.2024

¶1Heard learned counsel Mr. S. Islam for the petitioner and learned counsel Mr. N. M. Zaman for respondent No. 1.

¶2This application has been filed by the petitioner under Section 5 of the Limitation Act, 1963 with prayer for condoning the delay of 115 days in filing the connected Criminal Revision Petition challenging the Judgment and Order dated

13.02.2023, passed by the learned Principal Judge, Barpeta in connection with F.C. Criminal Case No. 189/2022. It is submitted that the delay was not intentional, but due to financial constraints, the revision petition could not be filed within the period of limitation.

¶3It is submitted that the petitioner was not negligent. It is submitted that the petitioner has a good case of revision and there is every possibility that on the merits of the case, the petition would be allowed. Page No.# 3/3

¶4I have considered the submissions at the Bar with circumspection, as the delay was not intentional, the delay of 115 days is hereby condoned.

¶5Office to register the connected Criminal Revision petition. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010209312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/876/2023 SAMSUL TALUKDAR S/O ABDUL AWAL TALUKDAR VILL- BARAGDIA P.S. BARPETA DIST. BARPETA, ASSAM VERSUS RAMICHA BEGUM D/O JAMIR ALI VILL- BAISHA P.S. SARTHEBARI DIST. BARPETA, ASSAM PIN-781307 Advocate for the Petitioner : MR. P RAHMAN, MR S ISLAM Advocate for the Respondent : MR. N J DUTTA, MR. M M ZAMAN,MR. A BASUMATARY,MR. N AHMED Linked Case : SAMSUL TALUKDAR Page No.# 2/3 VERSUS RAMICHA BEGUM (E) ------------ Advocate for : MR. P RAHMAN Advocate for : appearing for RAMICHA BEGUM (E) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND