The Gauhati High Court condoned a delay of 401 days in filing a connected criminal appeal after the respondent raised no objection, noting that delay was already condoned in other cases between the parties.
Condonation of a 401-day delay; directive to register the connected criminal appeal.
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GAHC010078392019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/293/2019
SHRI ANUP KUMAR DUTTA
S/O- LATE DHIRENDRA CHANDRA DUTTA, R/O- PRAGJYOTISH HOUSING SOCIETY COMPLEX, GHORAMARA, CHARIALI, P.O. BELTOLA, P.S. HATIGAON, DIST.- KAMRUP (M), ASSAM.
VERSUS
SHRI K.H. BIMALENDU SINGHA
S/O- LATE NILAMONI SINGHA, R/O- HOUSE NO. 32, MANIPURI BASTI, ULUBARI, GUWAHATI- 781007, PRESENTLY RESIDING AT RAMNAGAR, KHELMA, TARAPUR PART-VI, P.S. SILCHAR, DIST.- CACHAR, ASSAM.
Advocate for the Petitioner : MR. R C SAIKIA Advocate for the Respondent : MR. A BHATTACHARJEE
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
02-11-2021
Mr. R.C. Saikia, learned counsel represents the applicant.
Mr. A. Bhattacharjee, learned counsel represents the State respondent.
This interlocutory application has been filed by the applicant seeking condonation of delay of 401 days in preferring the connected appeal.
The learned counsel for the applicant has submitted that the delay in preferring the connected criminal appeal has clearly been explained in the application. He
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has further submitted that in the other cases between the same parties, disposed of by the learned Court below, delay has already been condoned. The learned counsel for the petitioner has submitted that the respondent has no objection to the condonation of delay in preferring the connected criminal appeal.
In view of such stand taken by the respondent through his learned counsel, this Court condones the delay in preferring the connected criminal appeal. Registry to register the connected criminal appeal and place the same before this Court for necessary order.
The interlocutory application stands disposed of accordingly.
Comparing Assistant
1 issue framed by the court
Whether the delay of 401 days in preferring the connected appeal should be condoned.
Shri Anup Kumar Dutta
Shri K.H. Bimalendu Singha
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
