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2025 DAILYLAW 8098 (GAU)

RITA DAS v. MITUL DAS

I.A.(Crl.)/202/2025 · 2025-06-18

Susmita Phukan Khaund

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010038442025 2025:GAU-AS:8216 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/202/2025 RITA DAS W/O RABIRAM DAS, R/O VILL BAMYNA PS BARPETA DIST BARPETA, ASSAM, PIN- 781309 VERSUS MITUL DAS S/O SAILADHAR DAS R/O VILL KRISHNA NAGAR, P.S. BARPETA DIST BARPETA ASSAM PIN 781309 Advocate for the Petitioner : MR P P MEDHI, MS. M HANDIQUE,MR. D K DAS,Z HAQUE,MR G BARGAYARY Advocate for the Respondent : MR. R DE, MR. J DEKA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-06-2025 Heard Dr. P.P. Medhi, learned counsel for the applicant Rita Das, who has filed this application with prayer for condonation of delay of 115 (One Hundred and Fifteen) days in filing the Criminal Revision Petition, challenging the order Page No.# 2/2 dated 25.07.2024 passed in Criminal Appeal No. 4/2024 passed by the learned Sessions Judge, Barpeta, upholding the order of conviction and sentence dated 19.02.2024 passed in N.I. Case No. 58/2018 by the learned Additional Chief Judicial Magistrate, Barpeta. 2. It is submitted that the applicant has sufficient grounds for condonation of delay as she was behind bars. The applicant was in the jail and she was unable to file the petition for condonation of delay within the period of limitation. No mala fide can be attributed to the applicant. 3. Heard Mr. J. Deka, learned counsel for the opposite party. 4. I have considered the submissions at the bar. It appears that delay may be condoned. 5. Hence, application is allowed and the delay of 115 One Hundred and Fifteen) days is condoned. 6. Registry to register the connected appeal. 7. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant