Allowed

Basanta Kumar Deka v. Bhanumati Deka

Gauhati HC2 May 2023I.A.(Crl.)/224/2023

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application seeking condonation of a five-day delay in filing a connected criminal revision petition. The delay arose from registry-imposed directions to rectify typographical mistakes in the initial filing before a fresh petition was submitted.

What did the court decide?

Delay of five days in preferring the connected criminal revision petition was condoned; application disposed of.

Basanta Kumar Deka Vs Bhanumati Deka — Gauhati HC (2023) — LawSathi Research

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Page No.# 1/3

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GAHC010052012023

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

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Case No. : I.A.(Crl.)/224/2023

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BASANTA KUMAR DEKA

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S/O- LATE NAMANI DEKA, R/O- HATIGARH HILL SIDE KARBI PATH, HOUSE NO. 13, ZOO NZRENGI ROAD, P.S. GITANAGAR, DIST. KAMRUP(M), PIN- 781021, ASSAM

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VERSUS

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BHANUMATI DEKA

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W/O- SRI BASANTA KUMAR DEKA, PRESENTLY RESIDING AT L.B. ROAD, P.S. TEZPUR, DIST. SONITPUR, ASSAM

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Advocate for the Petitioner : MR. A AHMED

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Advocate for the Respondent :

Linked Case :

BASANTA KUMAR DEKA

VERSUS

BHANUMATI DEKA (A)

Page No.# 2/3

-----------Advocate for : MR. A AHMED Advocate for : appearing for BHANUMATI DEKA (A)

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 02.05.2023

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Heard Ms. D. Goswami, learned counsel for the applicant.

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This is an application under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 5 (five) days in preferring the connected criminal revision petition.

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It is submitted by the learned counsel for the applicant that they had preferred a criminal revision petition on 27.02.2023, i.e. already within time, before this Court, however there was some typographical mistake and the Registry directed them to rectify those mistakes. However, the applicant filed fresh criminal revision petition after rectifying the mistakes and by that time, delay of 5 (five) days occurred. Accordingly, it is submitted that there is no intentional laches or negligence on the part of the applicant in preferring the revision petition against the order of interim maintenance dated 28.11.2022, passed by the learned Judicial Magistrate 1^st Class, in MR Case No. 41/2021, under Section 125 Cr.P.C. The learned counsel for the applicant also submitted a copy of the note of the Registry issued for rectification of the typographical mistake in the earlier revision petition.

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Considering the submission of learned counsel for the applicant also considering the grounds taken in the petition, I find it appropriate to allow this Interlocutory Application. Accordingly, the delay of 5 (five) days in preferring the connected criminal revision petition stands condoned.

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Registry to register the connected criminal revision petition and list the same for Admission after 2 (two) weeks.

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The Interlocutory Application stands disposed of in terms above.

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JUDGE

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Comparing Assistant

Basanta Kumar Deka v. Bhanumati Deka

Case brief

What is this about?

What did the court decide?

Basanta Kumar Deka v. Bhanumati Deka

Case brief

What is this about?

What did the court decide?

What the court decided

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