Ranjit Barman vs The State Of Assam And Anr
2021 Latest Caselaw 2326 Gua

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GAHC010154532021




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

                                Case No. : Crl.Rev.P./213/2021

            RANJIT BARMAN
            S/O LATE PARASURAM BARMAN
            R/O VILL- GOALPARA, P.O. BALOWA
            P.S. BELSOR DIST. NALBARI, ASSAM,
            PIN-781310


            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:RINKU HAZARIKA
             W/O HITESH HAZARIKA
            R/O VILL- GOALPARA
            P.O. BALOWA
             P.S. BESLOR
             DIST. NALBARI
            ASSAM
             PIN-78131

Advocate for the Petitioner   : MR. S BARMAN

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 27.09.2021 Heard Mr. S. Barman, learned counsel for the petitioner. Also heard Ms. S.

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Jahan, learned Additional Public Prosecutor for the State of Assam.

This revision petition has been filed by the petitioner challenging the order dated 18.09.2021 passed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 13/2021 and the Order dated 16.09.2021 passed in PRC No. 32/2018 by the Judicial Magistrate, First Class, Nalbari.

The learned counsel for the petitioner submits that pursuant to the Judgment dated 17.08.2021 passed in PRC No. 32/2018 under Sections 324/447 of IPC, the Court of the Court of Judicial Magistrate, First Class, Nalbari.

The learned counsel for the petitioner submits that although the appeal against the said judgment was filed in time. However, the Office of the Sessions Judge, Nalbari returned back the appeal filed asking him to file an application for condonation of delay.

The learned counsel for the petitioner refers to extract of the acknowledgement of the soft copy of the appeal filed by the petitioner before the Court of Sessions

Judge, Nalbari. The extract shows the date of filing as 16 th September, 2021 at about 12:09 PM. The learned counsel for the petitioner submits referring to the orders of the Supreme Court of India where vide orders dated 27.04.2021 read with the order dated 23.09.2021 the period of limitation has been extended and, therefore, the appeal filed which was returned back to the petitioner by the Office of the Sessions Judge, Nalbari, was contrary to the provisions of law as well as orders passed by the Apex Court. He therefore submits that in view of the appeal being returned back and requiring him to file an application for condonation of delay, appropriate prayer for being permitted to remain on previous bail could not be made before the Appellate Court. Consequently, the trial Court vide order dated 16.09.2021 issued NBWA against the petitioner.

Upon hearing the learned counsel for the parties and upon perusal of the pleadings on record, let notice be issued, Returnable within 2(two) weeks.

As Ms. S. Jahan, learned Addl. Public Prosecutor has accepted notice on behalf Page No.# 3/3

of the respondent No. 1, no formal notice needs be issued. The learned counsel for the petitioner shall serve an extra copy of the petition to the learned Additional Public Prosecutor within 3(three) days from today.

The learned counsel for the petitioner will take steps on respondent No. 2 within 3(three) working days from today by registered post with A/D card. Petitioner is also permitted to take dasti routed through the Registry of this Court.

In the meanwhile, the order dated 16.09.2021 issuing NBWA shall remain stayed.

JUDGE

Comparing Assistant