Citation : 2023 Latest Caselaw 46 Gua
Judgement Date : 3 January, 2023
Page No.# 1/2
GAHC010264892022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/829/2022
RATUL CH. BHUYAN
S/O. PRAFULLA BHUYAN, VILL. KAWAIMARI, P.S. RUPOHIHAT, DIST.
NAGAON, ASSAM, PIN-782002.
VERSUS
NILAKSHI DAS AND ANR
D/O. DHARMESWAR DAS, VILL. NIZ CHILABANDHA, P.S. KOLIABAR, DIST.
NAGAON, ASSAM, PIN-782137.
2:THE STATE OF ASSAM
REP. BY PP
ASSAM
Advocate for the Petitioner : S AHMED
Advocate for the Respondent : PP, ASSAM
Linked Case :
RATUL CH BHUYAN
VERSUS
NILAKSHI DAS AND ANR E
------------
Advocate for : S AHMED
Advocate for : appearing for NILAKSHI DAS AND ANR E
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 03.01.2023 Heard Mr. M. Rahman, learned counsel for the applicant and Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent No. 2.
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This application under Section 5 of the Limitation Act has been filed by the applicant for condoning the delay of 48 days in preferring the connected criminal revision petition against the judgment and order dated 13.07.2022, passed by the learned Addl. Sessions Judge No. 3, Nagaon in Criminal Appeal No. 05/2020 in connection with DV Case No. 80/2019 under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Issue notice to the respondent No. 1.
The applicant shall take steps for service of notice upon the respondent No. 1 by registered post with A/D as well as usual process, returnable within 4 weeks.
Steps be taken within 7 days.
No formal notice is required to be issued to the respondent No. 2 as Mr. B. Sarma, learned Addl. PP has entered appearance and accepted notice on behalf of the said respondent No. 2.
List the matter accordingly.
JUDGE
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