Mukesh Mahanta @ Rantu Mahanta vs The State Of Assam And Anr
2023 Latest Caselaw 2310 Gua

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GAHC010180412020




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

                                Case No. : I.A.(Crl.)/568/2020

             MUKESH MAHANTA @ RANTU MAHANTA
             S/O SANARAM MAHANTA, R/O VILL-BHABANIPUR, DIST-NALBARI,
             ASSAM-781535



             VERSUS

             THE STATE OF ASSAM AND ANR.
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

             2:MIRA THAKURIA
              D/O PRADIP THAKURIA
              R/O VILL-DANGARDI
              P.S.-MUKALMUA
              DIST-NALBARI
             ASSAM
              PIN-78153

Advocate for the Petitioner   : MR. P K ROYCHOUDHURY

Advocate for the Respondent : PP, ASSAM



                                          BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                          ORDER

02.06.2023 Heard Mr G Deka, learned counsel for the applicant/petitioner. Also heard Ms N Das, learned Additional Public Prosecutor for the State of Assam/respondent No. 1.

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By this application filed under Section 5 of the Limitation Act, 1963, the applicant/petitioner has prayed for condonation of delay of 31 (Thirty One) days in preferring the criminal revision against the Judgment and order dated 01.07.2020, passed by the learned Assistant Sessions Judge, Nalbari, Assam, in Criminal Appeal No. 14 of 2013, under Section 376 IPC, whereby the accused applicant/petitioner has been sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 7,000/-, for the offence under Section 376 IPC with default stipulation.

It is submitted by the learned counsel for the petitioner that after filing of the criminal revision petition and during preparation of the same, the applicant had the opportunity to go through the case record of the instant case and thereafter, a decision was taken in the family to prefer a Criminal Revision and in the process, the delay of 31 days has occurred.

On the other hand, learned Additional Public Prosecutor for the State of Assam submits that he has no objection on the prayer made by the applicant/petitioner. The grounds which have been mentioned in the condonation petition regarding delay of 31 days are found to be reasonable.

Accordingly, the delay is condoned.

Interlocutory Application stands disposed of.

Registry is directed to register the criminal revision and list the matter, thereafter.

JUDGE

Comparing Assistant