Allowed the appellant's prayer to condone a 66-day delay in filing an appeal. The court held that acute financial constraints and lack of male family members occasioned the delay. Directed registry to register the appeal.
Prayer for condonation of 66 days delay allowed; appeal directed to be registered and listed on 13.03.2019.
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GAHC010004142019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 19/2019
1:SRI NAYAN KHODAL
S/O LATE ATI KHODAL, R/O MOUZA MATHURAPU, P.S. MATHURAPUR, TEN ESTATE LINE NO. 2, DIST. CHARAIDEO, ASSAM 785689
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM.
2:SMT. RUPALI CHOWRA D/O LATE MAHABIR CHOWRA R/O MATHURAPUR BHAKAT GAO P.S. MATHURAPUR DIST. CHARAIDEO ASSAM 78568
Advocate for the Petitioner : MR. A LAL
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
08-03-2019.
Heard the learned counsel for the petitioner.
Notice upon the respondent No.2 deemed to be served.
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Heard the submission of learned counsel for the petitioners as well as learned counsel for the State respondent.
Prayer has been made to condone the delay of 66 days, in preferring the appeal against the judgment and order dated 30.08.2018, passed by the learned Addl. Sessions Judge, Charaideo, in Sessions Case No.84/2016, u/s.376(1)/417 IPC.
Having heard the submission made by the learned counsel for the petitioner and the grounds assigned in para-3 of the petition that due to acute financial constraint and there having no any male member in the family to arrange for the preparation of appeal, such a delay has been occasioned, prayer for condone the delay is hereby allowed.
The Registry is accordingly directed to register the appeal and list on 13.03.2019.
The I.A. stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 66 days in filing the appeal against the judgment of the Addl. Sessions Judge should be condoned?
NAYAN KHODAL
STATE OF ASSAM
RUPALI CHOWRA
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
