Sanjib Dey vs The State Of Assam And Anr
2022 Latest Caselaw 4744 Gua

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GAHC010247202022




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

                                Case No. : I.A.(Crl.)/764/2022

            SANJIB DEY
            S/O SWAPAN DEY,
            R/O KACHARI BAGAN T.E,
            P.S. AND P.O.- RANGAPARA,
            DIST.- SONITPUR (ASSAM).



            VERSUS

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

            2:MD. KAMAL UDDIN AHMED
             INSPECTOR OF FOOD AND CIVIL SUPPLIES

            SONITPUR
            TEZPUR

            DIST.- SONITPUR (ASSAM)

            PIN- 784001

Advocate for the Petitioner   : MR. R BARUAH

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            SANJIB DEY
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             VERSUS

            THE STATE OF ASSAM AND ANR. F



            ------------
            Advocate for : MR. R BARUAH
            Advocate for : appearing for THE STATE OF ASSAM AND ANR. F



                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                        ORDER

Date : 02.12.2022

Heard Mr. R. Baruah, learned counsel for the petitioner, namely, Mr. Sanjib Dey.

Mr. K. K. Das, learned Additional PP for the state respondent submit has he has received the notice and copy of the petition on behalf of the respondent no.1.

The petitioner has filed this application under Section 5 of the Limitation Act for condonation of delay of 159 days.

It is submitted that the judgment and order passed by the Learned Additional Sessions Judge (FTC), in the Criminal Appeal No. 42(S-4)/2018 passed on 22.03.2022.

The petitioner was not aware of the judgment and order due to some miss-communication between the petitioner and his lawyer who was representing him in Trial Court as well as Appellate Court.

As soon as the petitioner has learnt about the judgment and order, the Page No.# 3/3

petitioner has approached this Court with this petition.

The learned Additional PP has no objection. I have considered the fact that the petitioner was not in touch with his learned counsel.

In the interest of justice, delay of 159 days is condoned. I.A. is disposed of.

Registry to list the Criminal Revision Petition No. 10246/2022.

JUDGE

Comparing Assistant