MONIJAN BEGUM BARBHUIYA ALIAS MONIJAN BEGUM AND ANR v. THE STATE OF ASSAM
I.A.(Crl.)/1022/2025 · 2025-09-14
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18348 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18348 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010193222025
2025:GAU-AS:12590
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1022/2025 MONIJAN BEGUM BARBHUIYA ALIAS MONIJAN BEGUM AND ANR W/O MIZAZUL HAQUE BARBHUIYAN R/O VILL- TUNDERKANDI, P.S. SONAI, PIN-788119, DIST. CACHAR, ASSAM 2: MIZAZUL HAQUE BARBHUIYAN S/O ALIM UDDIN BARBHUIYAN R/O VILL- TUNDERKANDI P.S. SONAI PIN-788119 DIST. CACHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS P HALDER,MS A DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.09.2025 1) Heard Mr. S. C. Biswas, learned counsel for the applicants. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam. 2) This application under Section 5 of the Limitation Act, 1963 has been filed by the petitioner for condoning the delay of 69 days in preferring the connected Criminal Revision Petition by which the petitioner intents the impugned order dated 27.01.2025, passed by the learned Additional Magistrate, First Class, Cachar, Silchar in PRC Case No.18/2025 (corresponding to Silchar P.S. Case No.19/2024) under Section 182/199/211 of the Indian Penal Code. 3) Learned counsel for the petitioner has submitted that the petitioner has mentioned the cause for delay in approaching this Court beyond the prescribed period of limitation in paragraph Nos.3 and 4 of the application for condonation of delay. 4) Learned Additional Public Prosecutor has submitted that considering the cause shown for the delay, the same does not intent to oppose the delay condonation application. 5) I have considered the submissions made by learned counsel for both sides as well as considering the cause shown by the petitioner for approaching this Court after 69 days beyond the prescribed period of limitation, this Court is of the opinion that grounds shown in paragraph Nos. 3 and 4 of the application filed by the petitioner can be regarded as sufficient cause on preferring the connected Criminal Revision Petition belatedly after 69 days beyond the prescribed period of limitation. Page No.# 3/3 6) Accordingly, the delay of 69 days in preferring the connected Criminal Revision Petition is hereby condoned. 7) The Registry is directed to register the connected Criminal Revision Petition and list the same for admission on a date to be fixed by the Registry. 8) This I.A. is accordingly stands disposed of.
JUDGE Comparing Assistant