Maheswar Kalindi vs The State Of Assam And Anr
2024 Latest Caselaw 6434 Gua

Gauhati High Court

Maheswar Kalindi vs The State Of Assam And Anr on 30 September, 2024

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                                        Page No.# 1/3

GAHC010198072024




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

                                 Case No. : I.A.(Crl.)/930/2024

            MAHESWAR KALINDI
            S/O. LATE HISOLMATI KALINDI, R/O. TANKI LINE, NAHARHABI T.E., P/S.-
            SIMALUGURI, DIST.- SIVASAGAR, ASSAM.



            VERSUS

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

            2:SRI BISHAL KALINDI
             S/O. LATE SUKHDEV KALINDI
             R/O. TANKI LINE
             NAHARHABI T.E
             P/S.- SIMALUGURI
             DIST.- SIVASAGAR
            ASSAM

Advocate for the Petitioner   : MS. L DEVI,

Advocate for the Respondent : PP, ASSAM,




             Linked Case :

            MAHESWAR KALINDI



             VERSUS
                                                                        Page No.# 2/3


          THE STATE OF ASSAM AND ANR G



          ------------
          Advocate for : MS. L DEVI
          Advocate for : appearing for THE STATE OF ASSAM AND ANR G




                       BEFORE
      HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
       HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                     ORDER

Date : 30.09.2024 (S. K. Medhi, J)

Heard Ms. L. Devi, learned counsel for the applicant. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent.

This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 696 days in preferring the connected criminal appeal which has been preferred against the judgment and order dated 18.08.2022, passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Sivasagar in Special (POCSO) Case No. 49/2021, whereby the accused/applicant has been convicted under Section 6 of POCSO Act and sentenced to undergo Rigorous Imprisonment for life and to pay fine of Rs. 10,000/- (Rupees ten thousand) only, in default, to undergo Rigorous Imprisonment for a period of 6 (six) months.

Issue notice to the respondents, returnable by 6 (six) weeks.

Page No.# 3/3

Since Ms. S. H. Bora, learned Additional Public Prosecutor, has entered appearance and accepts notice on behalf of State respondent No. 1, issuance of formal notice to the said respondent is dispensed with.

Let steps for service of notice upon the respondent No. 2 be taken through the Registry of this Court in the manner prescribed within 3 (three) days from today.

List after 6 (six) weeks.

                              JUDGE                         JUDGE


Comparing Assistant