High Court of Meghalaya

Amzad Khan vs State Of Meghalaya on 13 May, 2024

Author: W. Diengdoh

Bench: W. Diengdoh

Serial No. 05            HIGH COURT OF MEGHALAYA
Regular List                    AT SHILLONG

       MC (WA) No. 12 of 2024
                                                      Date of order: 13.05.2024
       Amzad Khan                                                 .....Applicant
                Vs
       1. State of Meghalaya
          Represented by the Commissioner & Secretary to the Govt. of
          Meghalaya, Home (Police) Department.

       2. The Director Geneal of Police,
          Meghalaya, Shillong.

       3. The Inspector General of Police (TAP),
          Meghalaya, Shillong.

       4. The Assistant Inspector General of Police (A), Meghalaya, Shillong.

       5. The Deputy Inspector General of Police (TAP),
          Meghalaya, Shillong.

       6. The Commandant, 1st MLP Battallion, Mawiong,
          Shillong                                        ....Respondents

Coram:

Hon'ble Mr. Justice S. Vaidyanathan, Chief Justice Hon'ble Mr. Justice W. Diengdoh, Judge Appearance:

For the Applicant : Mr. S. Deb, Adv. For the Respondents : Mr. N.D. Chullai, AAG with Mr. E.R. Chyne, GA

This application has been filed to condone the delay of 353 days

in preferring the appeal against the judgment and order dated

13.04.2023.

Heard Mr. S. Deb, learned counsel for the applicant and Mr.

N.D. Chullai, learned AAG with Mr. E.C. Chyne, learned GA.

Even though a serious objection has been raised by the

respondents with regard for condoning the delay of 353 days, taking

note of the fact that the appellant is without employment, who is

suffering from mental illness undergoing psychiatric treatment, we are

inclined to condone the delay as no prejudice would be caused to the

respondents when the matter is taken up and decided on merits.

Therefore, this application being MC (WA) No. 12 of 2024 is

allowed and the delay of 353 days is condoned.

Registry is directed to diarize the appeal, if it is otherwise in

order.

List the appeal for admission on 17.05.2024.





           (W. Diengdoh)                             (S. Vaidyanathan)
               Judge                                    Chief Justice


Meghalaya
13.05.2024
"Sylvana PS"