Nishiparna Medhi v. The State of Assam and Anr

O R D E R

29.01.2024

Heard Ms. B. Sarma, learned Legal Aid counsel appearing for the applicant/petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondent. This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 69 days in preferring the criminal revision petition against the order dated 15.06.2023 passed by the learned Judicial Magistrate, 1st Class, Barpeta in C.R. No. 426/2023 taking cognizance against the petitioner under Section 193/199/200 of Indian Penal Code, 1860 arising out of Memo No. FCB/15/Admin/2023/465 dated 15.06.2023. I have heard the submissions made at the Bar and perused the averments made in the application. It appears from the statement made in the paragraph No. 10 that the petitioner due to her health and financial problems could not file the connected revision petition within the stipulated time. The reasons stated for condoning Page No.# 3/3 the delay of 69 days appears to be sufficient and bonafide. In view of above, in the interest of justice, this Court is inclined to condone the delay of 69 days in filing the connected revision petition. Accordingly, the said delay of 69 days is condoned. As, such, this interlocutory application stands allowed. Let the connected revision petition be listed after being numbered and registered by the Registry.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010274062023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1184/2023 NISHIPARNA MEDHI D/O BIJOY KUMAR MEDHI, R/O DAHATI, WARD NO. 12, MOUZA- BARPETA, P.S.-BARPETA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:THE PRINCIPAL JUDGE FAMILY COURT BARPETA ASSA Advocate for the Petitioner : MS. B SARMA Advocate for the Respondent : PP, ASSAM Linked Case : NISHIPARNA MEDHI VERSUS THE STATE OF ASSAM AND ANR (E) Page No.# 2/3 ------------ Advocate for : MS. B SARMA Advocate for : appearing for THE STATE OF ASSAM AND ANR (E) BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI