Page No.# 1/2 vs The State Of Assam And Anr
2021 Latest Caselaw 1348 Gua

                                                                    Page No.# 1/2

GAHC010214572019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/743/2019

            TITOW BORA AND 2 ORS.
            S/O SRI DEBEN BORA, R/O VILL-ALANGMONAGAON, P.S.-PULIBOR, DIST-
            JORHAT, ASSAM

            2: BUDHESWAR BORA
             S/O SRI DEBEN BORA
             R/O VILL-ALANGMONAGAON
             P.S.-PULIBOR
             DIST-JORHAT
            ASSAM

            3: MONESWAR BORA
             S/O SRI DEBEN BORA
             R/O VILL-ALANGMONAGAON
             P.S.-PULIBOR
             DIST-JORHAT
            ASSA

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:SMTI DIPTI BORA
            W/O LATE RANA BORAH
             R/O VILL-ALANGMONAGAON
             P.S.-PULIBOR
             DIST-JORHAT
            ASSAM
             PIN-78510

Advocate for the Petitioner   : MR. R CHETRI

Advocate for the Respondent : PP, ASSAM
                                                                                          Page No.# 2/2




                                            BEFORE
                  HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                           :: O R D E R ::

07-04-2021

Heard Mr. R Chetri, learned counsel for the petitioner and Ms. A Devi, learned standing counsel appearing for Legal Aid Counsel appearing on behalf of respondent No.2.

The present petition has been preferred to condone the delay of 175 days in preferring the connected revision petition. It is contended that due to preferring the appeal in the wrong forum instead of preferring the revision such delay has occurred. It is stated that the petitioner was not properly advised to prefer the revision against the impugned judgment and order after conviction for which the petitioner moved before the wrong forum as a result of which delay has occurred.

Heard the submission of the learned counsel for the petitioner also examined the connected IA(Crl.) No. 299/2019 which reflects that the earlier appeal was preferred by the petitioner was withdrawn with a liberty to file fresh petition vide order dated 22.05.2019 in Crl. Appeal No. 473/2019.

Having regard to the submission and also the annexed document it appears that the delay was not intentional and for which the petitioner should not be deprived of his legal right. Considering all entirety, delay in preferring the connected revision is hereby condoned. Registry is directed to register the revision and list the matter after vacation.

JUDGE

Comparing Assistant