Gauhati High Court
Nikhil Biswas vs The State Of Assam And 7 Ors on 23 May, 2023
Page No.# 1/4
GAHC010067582023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./24/2023
NIKHIL BISWAS
RESIDENT OF VILLAGE NAVETI,MOUZA, PS AND DIST MORIGAON,
ASSAM, 782105
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REPRESENTED BY PP ASSAM
2:RAMA KANTA PATOR
S/O LATE SADHAN PATOR
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
3:RANJIT BORDOLOI
S/O LATE AMIT SINGH BORDOLOI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
4:KAMALESWAR BANGTHAI
S/O LATE AHUKIA BANGTHAI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
5:GOBIN BORDOLOI
S/O LATE BINDESWAR BORDOLOI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
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6:RATNESWAR SENAPATI
S/O LATE APU SENAPATI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
7:SOMESWAR BORDOLOI
S/O LATE PUTUL BORDOLOI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
8:KUKILA BORO @ KANAK BORO
S/O LATE PRADIP
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSA
Advocate for the Petitioner : MR D K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/410/2023
NIKHIL BISWAS .
RESIDENT OF VILLAGE NAVETI
MOUZA
PS AND DIST MORIGAON
ASSAM
782105
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY PP ASSAM
2:RAMA KANTA PATOR
S/O LATE SADHAN PATOR
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
3:RANJIT BORDOLOI
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S/O LATE AMIT SINGH BORDOLOI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
4:KAMALESWAR BANGTHAI
S/O LATE AHUKIA BANGTHAI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
5:GOBIN BORDOLOI
S/O LATE BINDESWAR BORDOLOI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
6:RATNESWAR SENAPATI
S/O LATE APU SENAPATI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
7:SOMESWAR BORDOLOI
S/O LATE PUTUL BORDOLOI
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
8:KUKILA BORO @ KANAK BORO
S/O LATE PRADIP
RESIDENT OF VILLAGE KALIAJARI
PS AND DIST MORIGAON
ASSAM
------------
Advocate for : MR D K BHATTACHARYYA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 23.05.2023
Heard Mr. D.K. Bhattacharyya, learned counsel for the applicant. Also heard Mr. P.
Barthakur, learned Additional Public Prosecutor for the State/respondent No. 1.
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This is an application filed under Section 5 of the Limitation Act, 1963 for condonation
of delay of 3(three) days in preferring an appeal against the judgment of acquittal
dated 02.06.2022 passed by the learned Sessions Judge, Morigaon, in Sessions Case
No. 125/2014.
Issue notice.
The applicant shall take step(s) for service of notice upon the respondent Nos. 2 to 8
by registered post with AD as well as other usual service returnable within 4(four)
weeks. The steps be taken within 7(seven) days.
No formal notice required to be served upon the respondent No. 1 as because Mr.
Barthakur, learned Addl. Public Prosecutor has entered appearance on behalf of the
respondent No. 1.
Extra copy of the petition shall be provided to Mr. Barthakur.
Call for the scanned copy of LCR.
Mr. Bhattacharyya, learned counsel for the applicant submits that some typographical
mistake arose in the petition. Therefore, he may be allowed to correct the same.
The prayer, as sought for, is allowed.
The correction shall be done in the presence of Registrar officials.
List accordingly.
JUDGE
Comparing Assistant
