Purnima Borkakati vs The State Of Assam And Anr
2023 Latest Caselaw 3152 Gua

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GAHC010039662022




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

                                Case No. : I.A.(Crl.)/119/2022

            PURNIMA BORKAKATI
            W/O. MR. BONKIM BORKAKATI, R/O. HOUSE NO. 101, P.D. CHALIHA ROAD,
            NEAR LAXMI SERVICE STATION, SILPUKHURI, GUWAHATI-03, P.S.
            LATASIL, DIST. KAMRUP (M), ASSAM.



            VERSUS

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

            2:PALLAV KUMAR SHARMA
             S/O. LT. MANOJ KUMAR SHARMA
             R/O. C2
             MANORANJAN RESIDENCY
            APURBA SINHA PATH
             RAJGARH TINIALI
             GUWAHATI-03
             P.S. CHANDMARI
             DIST. KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            PURNIMA BORKAKATI
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              VERSUS

          THE STATE OF ASSAM AND ANR. A



          ------------

Advocate for : MR. A CHAUDHURY Advocate for : appearing for THE STATE OF ASSAM AND ANR. A

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

16.08.2023.

Heard Mr. N. Mahajan, learned counsel for the applicant. Also heard Md. S. I. Ahmed, learned counsel for the respondent No. 2.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 250 days in preferring the connected criminal revision petition against the judgment and order dated 16.03.2019 passed by the learned Additional Sessions Judge (FTC), No. 3, Kamrup (M) in Criminal Appeal No. 299/2016. The cause of delay is explained at paragraphs- 3 and 4 of the connected application.

Md. S. I. Ahmed, learned counsel appearing for the respondent No. 2 has seriously objected such prayer of the applicant saying that the matter is being pending since the year 2015 and both the learned Courts below has concurrently convicted the applicant.

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Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 3 and 4 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected criminal revision petition, if same is not defective and list for Admission on 22.08.2023, showing the name of Mr. N. Ahmed, learned counsel and Md. S. I. Ahmed, learned counsel for the respondent No. 2 in the cause list.

JUDGE

Comparing Assistant