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2025 DAILYLAW 27009 (GAU)

ANOWAR HUSSAIN v. ZAHERUL KHAN

I.A.(Crl.)/1321/2025 · 2025-12-07

Rajesh Mazumdar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010270202025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1321/2025 ANOWAR HUSSAIN SON OF LATE RAMJAN ALI, RESIDENT OF VILLAGE- BHERAGAON, P.O.- JAHURPAM, P.S. AND DISTRICT- BARPETA, ASSAM. VERSUS ZAHERUL KHAN S/O- ZINNAT ALI KHAN, RESIDENT OF VILLAGE- BAHMURA, P.O. SANKUCHI, P.S. AND DISTRICT- BARPETA, ASSAM, PIN CODE- 781314. Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR N AHMED Advocate for the Respondent : , Linked Case : Crl.A./0/0 ANOWAR HUSSAIN SON OF LATE RAMJAN ALI RESIDENT OF VILLAGE- BHERAGAON P.O.- JAHURPAM P.S. AND DISTRICT- BARPETA ASSAM. VERSUS Page No.# 2/3 ZAHERUL KHAN S/O ZINNAT ALI KHAN RESIDENT OF VILLAGE- BAHMURA P.O. SANKUCHI P.S. AND DISTRICT- BARPETA ASSAM PIN CODE- 781314. ------------ Advocate for : MR. N J DUTTA Advocate for : appearing for ZAHERUL KHAN BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 08.12.2025 1. Heard Mr. N. Ahmed, learned counsel for the applicant. 2. This interlocutory application has been filed under Section 5 of the Limitation Act, 1963, for condonation of a delay of 27 days in preferring the connected criminal revision petition. 3. We have gone through the contents of the I.A., particularly the contention in paragraph 3, wherein the petitioner has stated that he had fallen ill, suffering from yellow fever, and immediately upon his recovery, he preferred the criminal revision petition. Under these circumstances, a delay of 27 days was caused. 4. We find that the petitioner has sufficiently explained the delay; therefore, the delay of 27 days in preferring the criminal revision petition is condoned. 5. The I.A. stands disposed of. Page No.# 3/3 6. The Registry is directed to register the criminal revision petition accompanying this I.A. 7. List accordingly. JUDGE Comparing Assistant