Naba Jyoti Hazarika vs The State Of Assam And Anr
2023 Latest Caselaw 1843 Gua

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GAHC010089222023




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

                                 Case No. : I.A.(Crl.)/368/2023

            NABA JYOTI HAZARIKA
            S/O PUSPENDRA NATH HAZARIKA
            R/O HOUSE NO. 4,
            PUB-SARANIA, CHANDMARI
            P.S. CHANDMARI
            P.O. SILPUKHURI
            DIST. KAMRUP (M), ASSAM
            PIN-781003



            VERSUS

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

            2:SRI PRASANTA KUMAR BORA
             S/O NARAYAN CH. BORA
            R/O PUB SARANIA
             BY LANE NO. 7

            HOUSE NO. 33

            P.S. CHANDMARI
            P.O. SILPUKHURI
            DIST. KAMRUP (M)
            ASSAM
            PIN-78100

Advocate for the Petitioner   : MR. T DEURI

Advocate for the Respondent : PP, ASSAM
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         Linked Case : Crl.Rev.P. 4273/2023

         NABA JYOTI HAZARIKA



         VERSUS

         THE STATE OF ASSAM AND ANR. H



         ------------
         Advocate for : MR. T DEURI
         Advocate for : appearing for THE STATE OF ASSAM AND ANR. H



                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 09.05.2023 Heard Ms. R.S. Deuri, learned counsel appears for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appears for the State of Assam representing respondent No.1.

This Interlocutory Application is filed praying for condonation of delay of 73 days in filing the Criminal Revision Petition against the Judgment and order dated 05.11.2022 passed in connection with Criminal Appeal Case No. 145/2019 by the Court of Sessions Judge, Kamrup (M), Guwahati, by which the appeal was dismissed with modification and the petitioner was directed to undergo Simple Imprisonment for 3 (three) months and to pay compensation amounting to Page No.# 3/3

Rs.3,20,000/- (Rupees three lakhs twenty thousand) only.

In filing the accompanying revision petition there was a delay of 73 days and therefore the application has been filed praying for condonation.

Let Notice be issued Returnable after 4 (four) weeks. Steps be taken on respondent No. 2 by Registered post within one week from today. Since Mr. Gogoi, learned Addl. P.P has already entered appearance on behalf of respondent No.1, no formal notice be issued, however, extra copies be served within the course of the week.

List this matter again after 4 (four) weeks.

JUDGE

Comparing Assistant