Allowed

Sri Ranu Mahanta and 3 Ors. v. the State of Assam

Gauhati HC9 Sept 2022I.A.(Crl.)/79/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted an application for leave to continue an appeal under Section 394(2) CrPC. The application was filed beyond the statutory one-month limit but was permitted by the Court on the ground that the Supreme Court had frozen the limitation period in a related matter, and refusal would disentitle the applicants from pension benefits.

What did the court decide?

Leave granted to the applicants to continue the appeal; Registry directed to make necessary corrections in the records.

Sri Ranu Mahanta and 3 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010033782022

¶3

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

¶4

Case No. : I.A.(Crl.)/79/2022

¶5

SRI RANU MAHANTA AND 3 ORS. W/O-LT. ANIL MAHANTA, C/O-SRI MOHEN SHARMAH, WARD NO. 12, NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM.

¶6

VERSUS

¶7

THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR, ASSAM.

¶8

Advocate for the Petitioner : MS D BORGOHAIN

¶9

Advocate for the Respondent : PP, ASSAM

¶10

Linked Case : Crl.A./399/2019

¶11

SRI ANIL MAHANTA S/O- LATE PURANDHAR MAHANTA C/O- SRI MOHEN SHARMAH WARD NO. 12 NORTH LAKHIMPUR PIN- 787001 DIST.- LAKHIMPUR ASSAM.

¶12

VERSUS

¶13

THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR ASSAM.

¶14

Page No.# 2/3

¶15

-----------Advocate for : MS D BORGOHAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

¶16

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

¶17

ORDER

¶18

Date : 09/09/2022

¶19

Heard Ms. D. Borgohain, the learned counsel appearing on behalf of the applicants and Mr. K.K..Paresar, the learned Additional P.P. appearing on behalf of the respondent-State.

¶20

This is an application seeking leave under Section 394(2) of the Code of Criminal Procedure, 1973(in short “the Code”). The instant appeal was initially filed by Anil Mahanta, who expired on 13/10/2021. The said deceased appellant is survived by his widow and his children who are the applicants before this Court.

¶21

The Trial Court vide the judgment and order dated 19/10/2019 passed in Special Case No. 8/2015 had convicted the deceased-appellant to undergo rigorous imprisonment of 4 years and to pay a fine of Rs. 20 lakhs only and in default to undergo further imprisonment of one year under 13 (1)(c) read with Section 13(2) under Prevention of Corruption Act, 1988.

¶22

Taking into consideration that the said conviction would disentitle the applicants of the benefit of pension under the Assam Service (Pension) Rules 1969, the instant application was filed seeking leave. However, the instant application was filed on 18/2/2022 which was beyond the period of one month prescribed in the proviso to Section 394(2) of the Code.

¶23

Page No.# 3/3

¶24

The learned counsel for the applicants submits that in view of the order of the Supreme Court dated 10/1/2022 passed in Suo Moto Writ Petition No. 3/2020, the period of limitation stood freezed from 15/3/2020 to 28/2/2022. She submits that as the instant application was filed on 18/2/2022 within the said period, the instant application cannot be said to be barred by limitation.

¶25

Taking into consideration the order passed by the Supreme Court dated 10/1/2022 in Suo moto Writ Petition No. 3/2020 and also the contents of the application stating inter alia that if the leave to continue the appeal is not permitted, the applicants would be disentitled to pension under the Assam Service (Pension) Rules 1969,this Court grants the leave to the applicants to continue the appeal.

¶26

Registry is directed to make necessary correction in the records.

¶27

The IA stands disposed off accordingly.

¶28

JUDGE

¶29

Comparing Assistant

Sri Ranu Mahanta and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sri Ranu Mahanta and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

On the Death of Jagat Kr. Dutta His Legal Heirs Sanjit Kr. Dutta and Anr. Vs on the Death of Jitendra Kr. Dutta His Legal Heirs (a) Smt Sandhya Rani Dutta

Azahar Ali and 2 Ors. Vs Gautam Das and 19 Ors.

Md. Abdur Rahman @ Abdul Rahman Vs Smt Tahira Alom and 2 Ors.

Vikky Pachauri @ Vikash Pachauri and Anr. Vs Union of India

Alamin Ahmed Laskar Vs the State of Assam

Ahadul Islam Vs the State of Assam