Md. Nazar Ali vs Md. Azizur Rahman And Anr
2023 Latest Caselaw 3127 Gua

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GAHC010165262023




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

                                 Case No. : I.A.(Crl.)/702/2023

            MD. NAZAR ALI
            S/O LATE IMAN ALI,
            VILL. RUHINIBIL (KATANIBARI), P.O. AND P.S.- THELAMARA, DIST.-
            SONITPUR, ASSAM.



            VERSUS

            MD. AZIZUR RAHMAN AND ANR.
            S/O MD. AMIR HAMZA,
            VILL.- KATANIBARI, P.O. AND P.S.- THELAMARA, DIST.- SONITPUR,
            ASSAM.

            2:STATE OF ASSAM
            THROUGH THE PUBLIC PROSECUTOR

Advocate for the Petitioner   : MR. S K SINGH

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : --14.08.2023

Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam, respondent no. 2.

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This is an application under section 5 of the Limitation Act for condoning the delay of 453 days in preferring the connected appeal against the judgment and order of acquittal dated 25.03.2021, passed by the learned Sessions Judge, Tezpur, in connection with Sessions Case No. 73/2018 (corresponding to G.R. Case No. 2099/2017). Issue notice to respondent No. 1 by registered post with A/D as well as by other usual process, returnable within 4 (four) weeks. Petitioner to take steps for service of notice upon respondent No. 1, within 7(seven) days from today.

List the matter accordingly.

JUDGE

Comparing Assistant