Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010252812025
2025:GAU-AS:15943
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1250/2025 SRI MOHAN BORAH AND ANR SON OF LT. DIMBESWAR BORAH RESIDENTS OF VILLAGE RONGPURIA UNDER NORTH LAKHIMPUR POLICE STATION IN THE DISTRICT OF LAKHIMPUR, ASSAM.
2: SRI DUDU BORAH SON OF LT. DIMBESWAR BORAH RESIDENTS OF VILLAGE RONGPURIA UNDER NORTH LAKHIMPUR POLICE STATION IN THE DISTRICT OF LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR P CHOUDHURY, MS P SAIKIA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER 24.11.2025
Heard Mr. P. Choudhury, learned counsel for the applicants. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor for the State of Assam.
Page No.# 2/3 The present application has been filed under Section 5 of the Limitation Act for condoning the delay of 1072 days in preferring the connected Criminal Revision Petition filed against the Judgment & Order dated 22.08.2022 passed by the learned Addl. Sessions Judge, Lakhimpur, North Lakhimpur, by which the Appellate Court had dismissed the Criminal Appeal and upheld the Judgment &
Order of conviction and sentence passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in G.R. Case No. 765/2011. By the said
Judgment & Order passed by the learned Chief Judicial Magistrate on 31.12.2018, the applicants were convicted under Section 341/326/341 read with Section 34 of the IPC and was sentenced to undergo RI for 15 days under Section 341 read with Section 34 of IPC, to undergo RI for 4 years under Section 326/34 IPC with fine and default stipulation. The learned counsel for the applicants had narrated the reasons of delay in paragraph No. 3 of the said Interlocutory Application, wherein the applicants have stated that on dismissal of the appeal, NBWA were issued against them and they surrendered before North Lakhimpur Police Station on 09.07.2025 and thereafter, they contacted the counsel and after procuring copies of the
Judgment & Order of the Appellate Court, which was received by their engaged counsel on 24.09.2025. It was further stated that the family members of the applicants thereafter came down to Guwahati, approached the counsels who prepared a Revision Petition and that the same caused a delay of 1072 days in filing the same. This Court is satisfied with the reasons narrated in the said Interlocutory Application and deems it fit that the delay of 1072 days be condoned for the ends of justice. Registry is directed to register the connected Criminal Revision Petition
Page No.# 3/3 alongwith the Interlocutory Application for suspension of sentence and list it for admission. The instant Interlocutory Application is disposed of. JUDGE Comparing Assistant