Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 8831 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 24 November, 2025

                                                                        Page No.# 1/3

GAHC010252812025




                                                                  2025:GAU-AS:15943

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

                                Case No. : I.A.(Crl.)/1250/2025

            SRI MOHAN BORAH AND ANR
            SON OF LT. DIMBESWAR BORAH RESIDENTS OF VILLAGE RONGPURIA
            UNDER NORTH LAKHIMPUR POLICE STATION IN THE DISTRICT OF
            LAKHIMPUR, ASSAM.

            2: SRI DUDU BORAH
             SON OF LT. DIMBESWAR BORAH
             RESIDENTS OF VILLAGE RONGPURIA UNDER NORTH LAKHIMPUR
            POLICE STATION IN THE DISTRICT OF LAKHIMPUR
            ASSAM

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE P.P., ASSAM



Advocate for the Petitioner   : MR P CHOUDHURY, MS P SAIKIA

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                           ORDER

24.11.2025

Heard Mr. P. Choudhury, learned counsel for the applicants. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor for the State of Assam.

Page No.# 2/3

The present application has been filed under Section 5 of the Limitation Act for condoning the delay of 1072 days in preferring the connected Criminal Revision Petition filed against the Judgment & Order dated 22.08.2022 passed by the learned Addl. Sessions Judge, Lakhimpur, North Lakhimpur, by which the Appellate Court had dismissed the Criminal Appeal and upheld the Judgment & Order of conviction and sentence passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in G.R. Case No. 765/2011. By the said Judgment & Order passed by the learned Chief Judicial Magistrate on 31.12.2018, the applicants were convicted under Section 341/326/341 read with Section 34 of the IPC and was sentenced to undergo RI for 15 days under Section 341 read with Section 34 of IPC, to undergo RI for 4 years under Section 326/34 IPC with fine and default stipulation.

The learned counsel for the applicants had narrated the reasons of delay in paragraph No. 3 of the said Interlocutory Application, wherein the applicants have stated that on dismissal of the appeal, NBWA were issued against them and they surrendered before North Lakhimpur Police Station on 09.07.2025 and thereafter, they contacted the counsel and after procuring copies of the Judgment & Order of the Appellate Court, which was received by their engaged counsel on 24.09.2025. It was further stated that the family members of the applicants thereafter came down to Guwahati, approached the counsels who prepared a Revision Petition and that the same caused a delay of 1072 days in filing the same.

This Court is satisfied with the reasons narrated in the said Interlocutory Application and deems it fit that the delay of 1072 days be condoned for the ends of justice.

Registry is directed to register the connected Criminal Revision Petition Page No.# 3/3

alongwith the Interlocutory Application for suspension of sentence and list it for admission.

The instant Interlocutory Application is disposed of.

JUDGE

Comparing Assistant