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2025 DAILYLAW 5942 (GAU)

SAJEN SABOR v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/71/2025 · 2025-01-29

Arun Dev Choudhury

body2025

Judgment text

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Page No.# 1/2 GAHC010009782025 2025:GAU-AS:1056 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/71/2025 SAJEN SABOR S/O PABITRA SABAR, RESIDENT OF BOALI TEA ESTATE, PS LAKHIPUR, DIST CACHAR, SILCHAR ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:MINA SABOR W/O KUMUD SABOR RESIDENT OF BOALI TEA ESTATE PS LAKHIPUR DIST CACHAR SILCHAR ASSA Advocate for the Petitioner : MR. S BISWAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 30.01.2025. Heard Mr. S. Biswas, learned counsel for the applicant. Also heard Mr. P. Page No.# 2/2 Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 5 days in preferring the connected appeal against the Judgment and Order dated 05.11.2024 passed by the learned Court of Special Judge (POCSO), Cachar, Silchar in Special (P) Case No. 113/2023. The cause of delay is explained at paragraphs- 3 and 4 of the connected application. Learned counsel appearing for the respondents submits that that they will have no objection, if delay is condoned. Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 3 and 4 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time. Accordingly, the delay is condoned. IA stands disposed of. Registry to register the connected appeal, if same is not defective and list for Admission. JUDGE Comparing Assistant