Page No.# 1/2 GAHC010096082024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./569/2024 DULEN GOGOI S/O LATE LANKESWAR GOGOI, R/O HOUSE NO. 17, TRIDENT HOUSE, NARAKASUR, KAHILIPARA ROAD, P.O.-KAHILIPARA, P.S.-DISPUR, GUWAHATI-781019, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:PRAFULLA SENCHOWA S/O SRI ANIL SENCHOWA R/O VILL- HANDIQUE P.O.-SIMEN CHAPORI P.S.-SIMEN CHAPORI DIST- DHEMAJI ASSAM PIN-78706 Advocate for the Petitioner : MR. P BORAH, MRS K M SAIKIA Advocate for the Respondent : PP, ASSAM, MR. R SENSUA (R-2),MR. D CHUTIA (R-2) Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.03.2025 Heard the learned counsel Mr.P. Borah appearing for the petitioner as well as Mr.R. Sensua, the learned counsel appearing for the sole respondent. 2. This is an application u/s 482 of the Code of the Criminal Procedure challenging the order dated 16.11.2023 passed by the learned Sub-Divisional Judicial Magistrate (M), Jonai in CR (NI) Case No. 09/2023. 3. The complaint was filed before the court below alongwith a prayer for condonation of 1 (one) day delay. The learned court below did not issue any notice to the other side and condoned the delay. 4. I have considered the submissions made by the learned counsel of both sides. 5. This Court is of the opinion that without giving an opportunity of being heard to the other side, the impugned order was passed. On the face of the record the impugned order dated 16.11.2023 passed by the learned Sub-Divisional Judicial Magistrate (M), Jonai, Dhemaji in CR (NI) Case No. 09/2023 is bad in law and stands set aside accordingly. 6. The matter is remanded to the court of the learned Sub-Divisional Judicial Magistrate (M), Jonai for deciding afresh. Both the sides shall be heard on the matter of condonation of delay. 7. Both the parties shall appear before the court below on 17.03.2025 and the trial court shall hear both the parties. After hearing the parties, the trial court shall pass the necessary order. With the aforesaid direction, the petition stands disposed of. JUDGE Comparing Assistant