Page No.# 1/2 vs The State Of Assam And Anr
2025 Latest Caselaw 2096 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam And Anr on 20 January, 2025

                                                                        Page No.# 1/2

GAHC010001352025




                                                                  2025:GAU-AS:468

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

                                 Case No. : I.A.(Crl.)/19/2025

            SONU SINGH @ SONU DAS
            S/O. LATE SAHADEV SINGH, R/O. VILL. RAJABARI CHALIHA LANE, WARD
            NO. 18, P/S. JORHAT, DIST. JORHAT, ASSAM.

            VERSUS

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

            2:SILPI SINGH
            W/O. PROMOD SINGH
             R/O. VILL. RAJABARI CHALIHA LANE
             P/S. JORHAT
             DIST. JORHAT
            ASSAM

Advocate for the Petitioner   : MS. M K BROWN,

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 20.01.2025

Heard Ms. M.K. Brown, learned counsel for the applicant. Also heard Mr. P Borthakur, learned Addl. PP, Assam.

The present application is filed for condonation of delay of Page No.# 2/2

109 days in filing the connected criminal appeal under section 415(2) of the Bharatiya Nagrik Suraksha Sanhita Act, 2023, assailing the judgment and order dated 05.07.2024 passed by the learned Sessions Judge, Jorhat in Sessions Case No.10(J-J)/2022, convicting the applicant under section 304(Part-II) and sentencing him to undergo RI for eight years.

In the considered opinion of this court, the respondent No.2 is not a necessary party in terms of the extent norms and therefore, this court will not issue any notice to the said respondent, however, the said respondent No.2 shall have participatory right in the present proceeding.

Mr. P Borthakur, learned Addl. PP submits that he has no objection, if the delay is condoned.

Considering the explanation given in paragraphs 4 & 5 of the connected application, this court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly the delay stands condoned. I.A stands disposed of.

Registry to register the connected appeal and list the same for admission in the next week, if same is not found defective.

JUDGE

Comparing Assistant