Page No.# 1/3 GAHC010195982024 2025:GAU-AS:10803 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/924/2024 KUSHAL NATH S/OLATE JODURAM NATH R/O BONGARA, P.S. PALASHBARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE LEARNED PP, ASSAM 2:MD. BASIR ALI (INFORMANT) S/O LATE GATHIA SHEIKH R/O HALIGAON P.S. PALASHBARI DIST. KAMRUP ASSAM PIN-78112 Advocate for the Petitioner : MR J HUSSAIN, MR L HUSSAIN,MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY, AMICUS CURIAE (R-2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.08.2025 Page No.# 2/3 This is an application under Section 5 of the Limitation Act for condoning the delay of 264 days in preferring the connected Criminal Revision Petition challenging the impugned judgment and order dated 27.11.2018 passed by the learned Chief Judicial Magistrate, Kamrup, Amingaon in G.R. Case No.13028/2013 as well as the judgment and order dated 26.09.2023 passed in Criminal Appeal No.23/2018 by the learned Sessions Judge upholding the judgment and order of the learned Trial Court. Mr. J. Hussain, learned counsel for the applicant submits that he has narrated the reasons for the delay in para 4 of the Interlocutory Application wherein it is stated that the applicant was not aware of the judgment passed by the learned Sessions Judge. He was served with a notice from the learned Trial Court but the said notice was not received by him in time but was received only in the last part of July, 2024 whereafter, he went to meet the counsel who advised him to prefer a revision petition and as such, the petitioner was instructed to engage a counsel to collect the relevant documents. He further submits that thereafter the certified copies were obtained by the engaged counsel and a Criminal Revision Petition was proposed to be filed after examination of the case. Further, due to some personal difficulty of the engaged counsel, the Criminal Revision Petition could not be file in time and finally, the same was filed on 17.09.2024 which had caused a delay of 264 days. Mr. K. K. Parashar, learned Addl. P.P., Assam and Ms. R. Choudhury, learned counsel for the respondent No.2 in their usual fairness have not objected to the condonation of the said delay. Page No.# 3/3 This Court, as such, finds the reasons narrated in the petition as genuine and accordingly, condones the delay of 264 days in preferring the connected the Revision Petition. Registry is directed to register the Criminal Revision Petition and list the same for admission. I.A. stands disposed of. JUDGE Comparing Assistant