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2025 DAILYLAW 19057 (GAU)

BABLU NATH v. THE STATE OF ASSAM AND ANR.

I.A.(Crl.)/862/2023 · 2025-05-29

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010203252023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/862/2023 BABLU NATH S/O NRIPENDRA NATH R/O VILL- RADHA NAGAR, P.O. AND P.S. RAMKRISHNA NAGAR, DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM AND ANR. THROUGH PP, ASSAM 2:SMT. DIPIKA NATH W/O BABLU NATH R/O CHINATOLIA P.O. BOGOLIJAN P.S. AND DIST. NORTH LAKHIMPUR ASSAM PIN-78703 Advocate for the Petitioner : MR. M H LASKAR, MR. B K DAS Advocate for the Respondent : PP, ASSAM, MR. S DUTTA (R-2) Linked Case : Crl. Rev.(P)/9300/2023(Filing Number) BABLU NATH VERSUS THE STATE OF ASSAM AND ANR (B) Page No.# 2/2 ------------ Advocate for : MR. M H LASKAR Advocate for : appearing for THE STATE OF ASSAM AND ANR (B) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.05.2025 Heard Mr. M H Laskar, the learned counsel appearing for the applicant. Also heard Mr. B Sarma, the learned Addln. Public Prosecutor appearing for the State of Assam as well as Mr. S Dutta, the learned counsel appearing for the respondent No.2. 2. This application has been filed under Section 5 of the Limitation Act,1963 praying for condonation of 323 days of delay in preferring the connected Criminal Revision Petition praying for setting aside the ex-parte judgment and order dated 20.07.2022 passed by the learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur in Misc. Case No.50/2021. 3. The Trial Court record shows that the notice upon the applicant was served in his address and he had received the notice. In spite of that, he did not contest the case before the Trial Court. 4. Now, this Court is of the opinion that the delay has not been satisfactorily explained. Therefore, the prayer for condonation of delay is rejected. 5. This Interlocutory Application is also disposed of accordingly. JUDGE Comparing Assistant