Debajyoti Chutia vs The State Of Assam And Anr
2023 Latest Caselaw 514 Gua

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GAHC010145742022




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

                                 Case No. : I.A.(Crl.)/396/2022

            DEBAJYOTI CHUTIA
            S/O- SRI LAKSHMINATH CHUTIA, R/O- AMGURI, SBI BUILDING, P.S.
            AMGURI, P.O. AMGURI, DIST. SIVASAGAR, ASSAM

            VERSUS

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

            2:PRANJAL PRATIM BORAH
             S/O- LATE NARENDRA NATH BORAH
             R/O- BHUYANKHAT
             P.O. JALUKGAON
             P.S. AMGURI
             DIST. SIVASAGAR
            ASSAM
             PIN- 785680

Advocate for the Petitioner   : MR. N K KALITA

Advocate for the Respondent : PP, ASSAM


             Linked Case :

            DEBAJYOTI CHUTIA


             VERSUS

            THE STATE OF ASSAM AND ANR. -B

             ------------
             Advocate for : MR. N K KALITA
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             Advocate for : appearing for THE STATE OF ASSAM AND ANR. -B



                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

10.02.2023

Heard Mr. N.K. Kalita, learned counsel appearing for the applicant. Also heard, Mr. D. Das, learned Addl. P.P., Assam appearing for the State/respondent No. 1. None appears for the respondent No. 2 despite advance notice was given.

By this interlocutory application under Section 5 of the Limitation Act, 1963 the applicant has prayed for condonation of delay of 45 days in filing the connected Criminal Revision Petition against the judgment and order, dated 11.03.2022, passed by the learned Addl. Sessions Judge, Sivasagar in Criminal Appeal No. 18(3) of 2019.

Considering the grounds cited in the application, more particularly, in Paragraph Nos. 5 and 6 of the application, on being satisfied, the delay of 45 days in filing the connected Criminal Revision Petition is hereby condoned.

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

The I.A. stands disposed of.

JUDGE

Comparing Assistant