Saiful Islam vs Moyjan Nessa And Anr
2023 Latest Caselaw 4690 Gua

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GAHC010181022023




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

                                Case No. : I.A.(Crl.)/725/2023

            SAIFUL ISLAM
            S/O GIASUDDIN
            VILL AND P.O. BHAIRAGURI
            DIST. BARPETA, ASSAM
            PIN-781311



            VERSUS

            MOYJAN NESSA AND ANR
            D/O ABDUL KHALEK
            VILL- HACHARA, P.O. BAGUDI
            DIST. BARPETA, ASSAM,
            PIN-781311

            2:THE STATE OF ASSAM
             REP. BY THE PP
             GOVT. OF ASSA

Advocate for the Petitioner   : MR K BHUYAN

Advocate for the Respondent : PP, ASSAM

             Linked Case :

            SAIFUL ISLAM



             VERSUS

            MOYJAN NESSA AND ANR (B)
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             ------------
             Advocate for : MR K BHUYAN
             Advocate for : appearing for MOYJAN NESSA AND ANR (B)



                                        BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

20.11.2023

This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 250 days in filing the connected revision petition against the judgment dated 08.09.2022 in F.C. (Crl) No. 366/2020 under Section 125 Cr.P.C. passed by the learned Principal Judge, Barpeta.

Considering the submission of the learned counsel for the applicant as well as the pleadings made in the paragraphs 3 and 4 of the connected application and after considering the same this court is of the considered opinion that the present applicant was prevented by sufficient cause in preferring the connected revision petition within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected revision petition and list the matter after 10 days showing the name of Mr. HA Ahmed, learned counsel for the opposite party.

JUDGE Comparing Assistant