Dist.- Kokrajhar vs The State Of Assam And Anr
2023 Latest Caselaw 513 Gua

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GAHC010025422023




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

                          Case No. : I.A.(Crl.)/582/2022

         DHARMESWAR ROY
         S/O LATE BIRAJ MOHAN ROY

         VILL.- CHHOTO LALKURA

         P.O. AND P.S.- KAZIGAON

         DIST.- KOKRAJHAR
         BTR
         ASSAM.


          VERSUS

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

         2:NAPAL ROY
         S/O LATE GATA ROY

         VILL.- CHHOTO LALKURA

         P.O. AND P.S.- KAZIGAON

         DIST.- KOKRAJHAR
         BTR
         ASSAM
         PIN- 783130.
         ------------
         Advocate for : MR. A RAHMAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

10.02.2023

Heard Mr. A. Rahman, learned counsel appearing for the applicant. Also heard, Mr. D. Das, learned Addl. P.P., Assam appearing for the State/respondent No. 1.

By this interlocutory application under Section 5 of the Limitation Act, 1963 the applicant has prayed for condonation of delay of 40 days in filing the connected Criminal Revision Petition against the judgment and order, dated 26.04.2022, passed by the learned Sessions Judge, Kokrajhar in Criminal Appeal No. 13/2018.

Notice issued for service on the respondent No. 2 by registered post with A/D on 13.10.2022 has not returned. Notice is deemed served on the respondent No. 2.

Considering the grounds cited in the application, the delay of 40 days in filing the connected Criminal Revision Petition is hereby condoned.

Registry to register the connected Criminal Revision Petition and list the same on 16.02.2023.

The I.A. stands disposed of.

JUDGE

Comparing Assistant