Page No.# 1/2 GAHC010004632011 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1142/2024 OUEEN LASKAR D/O LATE BINOY KUMAR LASKAR AND LATE ARUNA PHUKAN PERMANENT R/O HOUSE NO. 16 SAURAV NAGAR BELTOLA GUWAHATI-28 UNDER BELTOLAL P.S. IN THE DIST. OF KAMRUP METRO ASSAM. VERSUS CENTRAL BUREAU OF INVESTIGATION C.B.I. B REPRESENTED BY THE SC CBI ------------ Advocate for : N P DAS Advocate for : SC CBI appearing for CENTRAL BUREAU OF INVESTIGATION C.B.I. B BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 11.02.2025 Learned counsel, Mr B M Choudhury and learned counsel Mr M K Das, are Page No.# 2/2 present for the applicant, Ms Queen Laskar, and learned Special Public Prosecutor, Mr M Haloi, is present on behalf of the respondent/CBI. 2. This application is filed under Section 5 of the Limitation Act, 1963, with prayer for condonation of delay of 48 days, in preferring the connected appeal, i.e., Criminal Appeal No. 50/2011. 3. It is submitted on behalf of the applicant that the period of limitation in filing the related interlocutory application was up to 25.09.2024, being the period of limitation in filing the interlocutory application under proviso to Section 394 of the Code of Criminal Procedure, 1973, which is for 30 days, from the date of death of the appellant. However, the present interlocutory application was filed on 14.11.2024, and thus, barred by limitation of 48 days. The appellant passed away on 26.08.2024. 4. Learned Special Public Prosecutor has no objection. 5. I have considered the submissions at the Bar. 6. It appears that the delay was not intentional and there was no negligence on the part of the applicant. Thereby, delay is condoned. 7. Interlocutory Application stands disposed of. JUDGE Comparing Assistant