Aminul Islam Barlaskar @ Munna vs The State Of Assam And Anr
2023 Latest Caselaw 1932 Gua

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GAHC010201272022




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

                                Case No. : I.A.(Crl.)/601/2022

            AMINUL ISLAM BARLASKAR @ MUNNA
            S/O. LT. MUKABBIR ALI BARLASKAR, R/O. RONGPUR PART-IV, P.S.
            SILCHAR, DIST. CACHAR, ASSAM, PRESETLY RESIDING AT SONAI ROAD,
            P.S. SILCHAR, DIST. CACHAR, ASSAM.



            VERSUS

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

            2:SMT. MAHMUDA BEGUM LASKAR
             D/O. LT. NIMAR ALI LASKAR
             R/O.. KANDIGRAM (MADHURBOND)
             P.O. AND P.S. SILCHAR
             DIST. CACHAR
            ASSAM
             PIN-788001

Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : 12-05-2023 Page No.# 2/2

Heard Ms. R. Choudhury, learned counsel for the applicant and Mr. P.K. Deka, learned counsel for respondent/opposite-party and Mr. K.K. Parashar, learned Addl. P.P. for respondent No. 1.

The applicant has prayed for condonation of delay of 88 days.

It is submitted on behalf of the applicant that the judgment was delivered on 29.03.2022 by the learned Addl. Sessions Judge, FTC, Cachar, Silchar in Criminal Appeal No. 21/2020. The applicant could not file the writ petition within the period of limitation because the entire Cachar district was badly affected by devastating flood in the year 2022. Communication was disrupted for more than a month. However, after the recovery of the damages of the deluge, the applicant came to Guwahati on the second week of September and finally after obtaining certified copies, the criminal revision petition was filed.

The learned counsel for the opposite-party has raised objection stating that the deluge extended only for a period of 2 weeks after 29.03.2022. The applicant was negligent which resulted in the delay.

I have considered the submissions at the bar with circumspection. It is true that during the monsoon season the entire Cachar district was reeling under devastating flood. This fact cannot be ignored and also for the interest of justice delay is condoned.

Registry to register the criminal revision petition and list the criminal revision petition for early disposal.

JUDGE

Comparing Assistant