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2025 DAILYLAW 13880 (GAU)

AKHTAR HUSSAIN v. IMRAN HUSSAIN SHAH

I.A.(Crl.)/581/2024 · 2025-03-31

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010123592024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/581/2024 AKHTAR HUSSAIN S/O ABDUS SOBHAN, R/O CLASSIC APARTMENT, 3RD FLOOR, QTR. NO. C- 3, NOTBOMA, NEAR MAZAR, P.S.-HATIGAON, GUWAHATI-781038, DIST- KAMRUP (M), ASSAM VERSUS IMRAN HUSSAIN SHAH S/O LATE UMED ALI SHAH, R/O SUNDAR PATH, HOUSE NO. 28, P.S.- HATIGAON, GUWAHATI-781038, DIST- KAMRUP (M), ASSAM Advocate for the Petitioner : MR. A GOSWAMI, MR S N KRISHNATRAYA,MRS. C K GOSWAMI Advocate for the Respondent : MR. R DE, MS. D PATHAK BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 01.04.2025 1. Heard Mr. A. Goswami, learned counsel for the petitioner. Also heard Mr. R. De, learned counsel appears on behalf of the sole respondent. 2. This is an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of 142 days of delay in preferring the Criminal Revision Petition against the Order dated 30.10.2023, passed by the Page No.# 2/2 learned Judicial Magistrate, 1st Class, Kamrup(Metro) in C.R. Case No.2922c/2018. 3. The petitioner has been facing a trial under Section 138 of the NI Act. He has taken many dates to adduce different evidence. 4. Thereafter because of the discrepancy between the order passed in the original record and the e-court Service regarding the date of the case, the delay occurred. 5. Mr. De, learned counsel appears on behalf of the sole respondent has objected to the prayer primarily on the ground that the conduct of the petitioner is not very good in the Trial Court. 6. I have considered the submissions made by learned counsel of both the sides. 7. This Court is of the opinion that the delay has been satisfactorily explained. 8. Therefore the delay stands condoned. 9. The connected Criminal Revision petition shall be registered and listed for admission hearing. 10. The I.A. stands disposed of. JUDGE Comparing Assistant