Mannaf Ali vs The State Of Assam And 3 Ors
2025 Latest Caselaw 2664 Gua

Gauhati High Court

Mannaf Ali vs The State Of Assam And 3 Ors on 11 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                          Page No.# 1/3

GAHC010253942024




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

                                Case No. : I.A.(Crl.)/1184/2024

            MANNAF ALI
            S/O LATE SABUR UDDIN, RESIDENT OF VILLAGE KASHIMPUR, PO
            KACHUMARA, PS KACHUMARA, DIST BARPETA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY PP ASSAM

            2:SAHED ALI
             S/O MOGBUL HUSSAIN
            RESIDENT OF GORAIMARI BILORJAN
             PS BOKO DIST KAMRUP ASSAM 781123

            3:RASHIDA BEGUM
             D/O LATE AMJAD ALI

            RESIDENT OF GORAIMARI
            PS BOKO
            DIST KAMRUP ASSAM 781123

            4:MOYDUL ISLAM @ MOSTAFIJOR RAHMAN
             S/O LATE FOJOL HOQUE

            RESIDENT OF VILLAGE MONJURI BIL
            PS SAYGAON
            DIST KAMRUP ASSAM 78112

Advocate for the Petitioner   : MR. P RAHMAN, MR S ISLAM

Advocate for the Respondent : PP, ASSAM, R KHA(R-2 TO 4),N. UDDIN(R-2 TO 4),M AHMED
(R-2 TO 4),MR. M I HUSSAIN(R-2 TO 4)
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 11-08-2025

Heard Mr. S. Islam, learned counsel for the applicant-appellant and Mr. B. Sharma, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam. Also heard Ms. R. Kha, learned counsel who has entered appearance on behalf of the respondent nos. 2, 3 & 4.

2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 35 days, which period of delay is stated to have occurred in preferring the accompanying criminal appeal under the proviso to Section 419, Bharatiya Nagarik Suraksha Sanhita, 2023 against a Judgment and Order dated 16.08.2024 passed by the Court of learned Sessions Judge, Barpeta in Sessions Case no. 212/2022.

3. By the Judgment and Order dated 16.08.2024, the learned Sessions Judge had acquitted the opposite party nos. 2, 3 & 4, who were arraigned as accused therein, for the charges under Sections 457/366/380, Indian Penal Code [IPC] read with Section 34, IPC.

4. I have gone through the statements and averments made in the instant interlocutory application, more particularly, paragraph 2 thereof.

5. Having gone through the statements and averments, this Court is of the view that the applicant-appellant has been able to explain the reason for delay with sufficient cause.

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6. The learned counsel for the opposite parties have also fairly submitted that they have no objection if the accompanying criminal appeal is heard on merits after condoning the period of delay, which is not significant.

7. For the reasons assigned herein above, the instant interlocutory application seeking condonation of delay of 35 days is allowed.

8. The Registry to register the accompanying criminal appeal and thereafter, to list the appeal for admission.

JUDGE

Comparing Assistant