Bablu Nath vs The State Of Assam And Anr
2025 Latest Caselaw 5147 Gua

Gauhati High Court

Bablu Nath vs The State Of Assam And Anr on 30 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                          Page No.# 1/2

GAHC010203252023




                                                                   undefined

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

                                 Case No. : I.A.(Crl.)/862/2023

            BABLU NATH
            S/O NRIPENDRA NATH
            R/O VILL- RADHA NAGAR, P.O. AND P.S. RAMKRISHNA NAGAR,
            DIST. KARIMGANJ, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            THROUGH PP, ASSAM

            2:SMT. DIPIKA NATH
            W/O BABLU NATH
            R/O CHINATOLIA
             P.O. BOGOLIJAN
             P.S. AND DIST. NORTH LAKHIMPUR
            ASSAM

            PIN-78703

Advocate for the Petitioner   : MR. M H LASKAR, MR. B K DAS

Advocate for the Respondent : PP, ASSAM, MR. S DUTTA (R-2)

             Linked Case : Crl. Rev.(P)/9300/2023(Filing Number)

            BABLU NATH



             VERSUS

            THE STATE OF ASSAM AND ANR (B)
                                                                                  Page No.# 2/2




             ------------
             Advocate for : MR. M H LASKAR
             Advocate for : appearing for THE STATE OF ASSAM AND ANR (B)



                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 30.05.2025

Heard Mr. M H Laskar, the learned counsel appearing for the applicant. Also heard Mr. B Sarma, the learned Addln. Public Prosecutor appearing for the State of Assam as well as Mr. S Dutta, the learned counsel appearing for the respondent No.2.

2. This application has been filed under Section 5 of the Limitation Act,1963 praying for condonation of 323 days of delay in preferring the connected Criminal Revision Petition praying for setting aside the ex-parte judgment and order dated 20.07.2022 passed by the

learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur in Misc. Case No.50/2021.

3. The Trial Court record shows that the notice upon the applicant was served in his address and he had received the notice. In spite of that, he did not contest the case before the Trial Court.

4. Now, this Court is of the opinion that the delay has not been satisfactorily explained. Therefore, the prayer for condonation of delay is rejected.

5. This Interlocutory Application is also disposed of accordingly.

JUDGE

Comparing Assistant