Page No.# 1/2 GAHC040002762026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/13/2026 Vijay Borah Son of Shri Biren Borah, resident of Village Simulguri, PO and PS Bihpuria, Lakhimpur District, Assam 784161 and presently lodging at District jail, Jully, Itanagar. VERSUS The State of AP and Anr represented by the PP of AP 2:Ms Hura Yanam Age: 0 Occupation : Daughter of Hura Techi resident of C Sector PS Nirjuli Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Landi Tubin, Luku Prakash Borah,Kaushik Gautam Chowdhury Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 03.03.2026 (Mridul Kumar Kalita, J) 1. Heard Mr. K. G. Chowdhury, learned counsel for the applicant. Also heard Ms. L. Hage, learned Public Prosecutor for the State. Page No.# 2/2 2. Though, this interlocutory application under Section 5 of the Limitation Act has been filed by the applicant, namely, Vijay Borah praying for condoning the delay of 2777 days in preferring the connected appeal whereby the appellant has impugned the judgment and order dated 20.04.2018 passed by the learned Sessions Judge, Yupia, in Sessions Case No. 5/2014, whereby the present applicant has been convicted and sentenced under Section 376(D) of the Indian Penal Code. However, Ms. L. Hage, learned Public Prosecutor has brought it to the notice of the Court that an appeal in the form of jail appeal preferred by the present appellant is already pending before this Court. The said appeal has been registered as Criminal Appeal (Jail) No. 7/2023. 3. She submits that in the aforesaid jail appeal has already been admitted and the Registry has been directed to prepare the paper book. In support of her submission, she has produced a copy of the order dated 23.12.2025 passed in the aforesaid Criminal Appeal (Jail) No. 7/2023. 4. In view of the submissions made by the learned Public Prosecutor, the learned counsel for the applicant submits that he was not aware about the pendency of the aforesaid criminal jail (appeal) and prays for allowing the applicant to withdraw the instant application. 5. The prayer is allowed. 6. This interlocutory application is dismissed on withdrawal. JUDGE JUDGE Comparing Assistant