Citation : 2025 Latest Caselaw 2463 Gua
Judgement Date : 29 January, 2025
Page No.# 1/2
GAHC010014612025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./22/2025
SMT MANJU TALUKDAR CHOUDHURY
W/O-BISWAJIT CHOUDHURY
R/O-K.K HANDIQUE NAGAR, NEAR BIHU FIELD, KAHILIPARA,
P.O. KAHILIPARA, P.S. DISPUR
DIST. KAMRUP (M) ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:SRI JAYANTA DEURI
S/O LATE LAKHYAPATI DEURI
R/O NABAGRAHA GOLAK DHAM
SILPUKHURI
P.O.SILPUKHURI
P.S. CHANDMARI
GUWAHATI-781003
DIST. KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. S N KRISHNATRAYA,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 29.01.2025
Heard Mr. S N Krishnatraya, learned counsel for the Page No.# 2/2
petitioner.
The present application is filed assailing the impugned judgment and order dated 04.11.2024 passed in Misc Case No.31/2024 by the learned Addl. Sessions Judge, FTC No.3, Kamrup (M), whereby five days delay in preferring the connected appeal against the judgment and order dated 12.06.2024 passed by the learned CJM, Kamrup (M), in Complaint Case No.3253/2021 was not condoned.
Issue notice returnable by 03.03.2025. Mr. P Borthakur, learned Addl. PP, Assam accepts notice on behalf of respondent No.1, so no formal notice is required to be served, however, extra copy of the petition be served upon the learned Addl. PP within three days.
Steps for service of notice upon respondent No.2 be taken by Registered Post with A.D as well as through usual process within seven days.
Considering the matter in entirety, more particularly, taking note of the fact that delay was only for five days, this court is of the view that till the returnable date, the operation of the impugned judgment and order dated 12.06.2024 passed by the learned CJM, Kamrup (M), in Complaint Case No.3523/2021 shall remain suspended.
JUDGE
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