Dismissed

Sri Arun Kanti Das v. Smt. Swapna Das and Anr.

Gauhati HC2 Nov 2018Crl.Rev.P./212/2018

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the criminal revision petition, upholding the dismissal of an appeal on limitation grounds. The court separately directed the trial court to dispose of the underlying domestic violence case within two months of receiving a certified copy of this order.

What did the court decide?

Revision petition dismissed; trial court directed to dispose of the DV case within two months of receiving certified copy of this order.

Sri Arun Kanti Das Vs Smt. Swapna Das and Anr. — Civil Procedure and Limitation | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010135472018

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Rev.P. 212/2018

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1:SRI ARUN KANTI DAS

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S/O- LT JATINDRA MOHAN DAS, R/O- OPP. BANK COLONY, SUBACHANI ROAD, PO, PS AND DIST- TINSUKIA, PIN- 786125, ASSAM

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VERSUS

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1:SMT. SWAPNA DAS AND ANR.

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W/O- SRI ARUN KANTI DAS, R/O- OPP. BANK COLONY, SUBACHANI ROAD, PO, PS AND DIST- TINSUKIA, PIN- 786125, ASSAM

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2:THE STATE OF ASSAM REP. BY P.P. ASSA

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Advocate for the Petitioner : MR. S P MORE

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 02-11-2018

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This is a criminal revision petition filed under Sections 401/397 read with Section 482 of the Cr.PC challenging the legality, propriety and correctness of the judgment and order, dated 16.05.2018, passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 28(4)/2017 dismissing the appeal on the ground of limitation.

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It appears from the impugned judgment that instead of an appeal under Section

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Page No.# 2/2

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29 of the Protection of Women from Domestic Violence Act, a revision petition was filed by the present petitioner which was converted to an appeal by the learned Sessions Judge and then disposed of. The said appeal was barred by limitation, and therefore, dismissed on the ground of being barred by limitation. It was filed beyond the time, and the delay was not explained and even condonation of delay was not sought for. Therefore, the judgment and order, passed by the learned Session Judge, aforesaid, does not suffer from any illegality and impropriety as the revision petition or appeal was filed beyond the period of limitation.

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Therefore, this revision petition is dismissed. However, since the case before the learned trial court is under the provisions of the Protection of Women from Domestic Violence Act being Case No. 10 DV/2017, in the considered view of this court, the learned trial court shall expedite the disposal of the matter and dispose of the same within 2 (two) months from the date of receipt of a certified copy of this order to be filed by any of the parties.

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This revision petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Sri Arun Kanti Das v. Smt. Swapna Das and Anr.

Case brief

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Sri Arun Kanti Das v. Smt. Swapna Das and Anr.

Case brief

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