Union Of India vs Shri Rubul Ali
2021 Latest Caselaw 2418 Gua

                                                                              Page No.# 1/2

GAHC010050032020




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

                      Case No. : I.A.(Crl.)/271/2020 in Crl.L.P./31/2020


            UNION OF INDIA
            THROUGH THE ASSISTANT SECURITY COMMISSIONER
            N.F. RAILWAY
            RANGIA
            DIST. KAMRUP
            ASSAM.


            VERSUS

            SHRI RUBUL ALI
            S/O LATE SELIM ALI
            RESIDENT OF VILL. BARKURA
            P.O. NALBARI
            DIST. NALBARI
            ASSAM
            PIN 781335.


            ------------
            Advocate for : MR. B K DAS
            Advocate for : appearing for SHRI RUBUL ALI


                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 05.10.2021

This petition under section 5 of the Limitation Act is preferred by the Union of India through the Assistant Security Commissioner, N.F. Railway for condoning the delay of 358 days preferred against the judgment and order dated Page No.# 2/2

26.11.2018 passed by the learned Additional Sessions Judge No.2, Guwahati in Criminal Appeal No.291/2017.

It is to be mentioned here that the learned Addl. Sessions Judge acquitted the accused by setting aside the judgment and order dated 09.11.2017 passed by the learned Special Railway Magistrate, Kamrup in CR Case No.2994/2016 under section 160(2) of the Railways Act, 1989.

Heard Mr. BK Das, learned counsel for the applicant and Mr. T Deuri, learned counsel for the respondent.

Mr. Das, learned counsel for the applicant has submitted that after passing of the judgment by the learned Addl. Sessions Judge No.2, Kamrup some delay occurred in obtaining the certified copy and also in obtaining the opinion from the G.M. Law, NFR, Maligaon and in the process, the concerned file was also found to be missing and it could be located only on 17.07.2020 and that the delay occurred was unintentional and bonafide one and therefore, it is contended to be condoned.

Mr. Deuri, learned counsel for the respondent has not opposed to the prayed made by the learned counsel for the petitioner.

It appears from the documents placed on record and also from the submission of learned counsel for the applicant that sufficient cause has been shown for the delay of 358 days in preferring the connected appeal.

Accordingly, the delay of 358 days stands condoned. The I.A stands disposed of.

JUDGE

Comparing Assistant