Sreekanta Pathak vs The State Of Assam And Anr
2022 Latest Caselaw 4232 Gua

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GAHC010310612019




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

                                Case No. : I.A.(Crl.)/1058/2019

            SREEKANTA PATHAK
            S/O LATE HARDHAN PATHAK, R/O PATHAK BHAWAN, MALIGAON, GATE
            NO.1 (HILL SIDE COLONY), P.S.-JALUKBARI, GUWAHATI-781011, DIST-
            KAMRUP(M), ASSAM



            VERSUS

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

            2:GANESH MAZUMDAR
             R/O RAILWAY COLONY
             QUARTER NO. 93/B
             NAMBARI (HILL TOP ROAD)
             MALIGAON
             GUWAHATI-781011
             DIST-KAMRUP(M)
            ASSA

Advocate for the Petitioner   : MR. R SARMA

Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                        HONOURABLE MRS. JUSTICE MALASRI NANDI

                                                 ORDER

Date : 02-11-2022

Heard Mr. R. Sarma, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Addl. P.P., Assam for the respondent No. 1 and Dr. N. Deka, learned counsel for the respondent No. 2.

By this application filed under Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 55 days in preferring the criminal revision petition against the impugned judgment and sentence dated 02.08.2019 passed by the learned Additional Sessions Judge (FTC) No. 4, Kamrup (M) in criminal appeal No. 78/2017.

It is submitted by the learned counsel for the applicant that he has shown the ground for which the delay in filing the revision in para 7 of the condonation application. It is stated that his cousin brother was seriously ill and as such to assist him at the relevant time he was busy and as such the delay of 55 days is caused. On the other hand, the learned counsel for the opposite party has raised no objection in condoning the delay of 55 days in preferring the revision petition.

Considering the submission of the parties, the prayer of the application for condonation of delay is allowed. Registry shall register the criminal revision petition and list the matter for admission.

The I.A.(Crl.) is disposed of.

JUDGE

Comparing Assistant