Disposed

Khoda Budh v. the State of Ap and 2 Ors.

Gauhati HC10 Feb 2023IA(Crl)/47/2022

Case brief

AI extract

What is this about?

The High Court condensed a 29-day delay in filing a Criminal Revision Petition challenging a Sessions Judge's order discharging two private respondents. The applicant, father of the deceased victim, explained the delay was due to being a government servant stationed away from Itanagar and receiving late notice of the discharge. The Court found sufficient cause for the delay and allowed the condona

What did the court decide?

The delay of 29 days in preferring the connected revision petition is condoned.

Khoda Budh Vs the State of Ap and 2 Ors. — Civil Procedure and Limitation | Gauhati HC (2023)

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Page No.# 1/4

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GAHC040011432022

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

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Case No. : IA(Crl) 47/2022

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1:Khoda Budh S/o Sh. Khyoda Tukh,

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R/o Damsite, Naharlagun, PO and PS Naharlagun, Papumpare District, Arunachal Pradesh.

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Mobile 9436870602, Email Nil

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VERSUS

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1:THE STATE OF AP AND 2 Ors.

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Through the Learned Public Prosecutor.

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2:San Mosu

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S/o Shri Tasa Mosu

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R/o Village Karte PO and PS Menchuka Shi Yomi District Arunachal Pradesh.

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3:Doi Komi S/o Bhadur Komi

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R/o Village Rigo PO and PS Menchuka Shi Yomi District Arunachal Pradesh

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Advocate for the Petitioner : Rajesh Sonar

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Advocate for the Respondent : P P of AP

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Page No.# 2/4

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Linked Case : Crl.Rev.P. 15/2022

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1:Khoda Budh S/o Sh. Khyoda Tukh

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R/o Damsite Naharlagun

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PO and PS Naharlagun Papumpare District Arunachal Pradesh. Mobile 97436870602 Email Nil.

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VERSUS

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1:THE STATE OF AP and 2 Ors.

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Through the Learned Public Prosecutor.

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2:San Mosu S/o Shri Tasa Mosu

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R/o Village Karte PO and PS Menchuka Shi Yomi District Arunachal Pradesh.

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3:Doi Komi S/o Bhadur Komi

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R/o Village Rigo PO and PS Menchuka Shi Yomi District Arunachal Pradesh.

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Advocate for the Petitioner : Rajesh Sonar Advocate for the Respondent : P P of AP

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Page No.# 3/4

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BEFORE HONBLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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10.02.2023

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Heard Mr. R. Sonar, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh. However, none appears for the private respondents though an affidavit has been filed.

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The present application is filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 29 days in filing the connected Criminal Revision Petition against the impugned order dated 25.05.2022, passed by the learned Sessions Judge, Yupia in Session Case No. 10/2022, corresponding to Naharlagun Police Station Case No. 182/2021 under Section 302/34 IPC, whereby the respondent Nos. 2 and 3 in the present application has been discharged. The present applicant is the father of the deceased victim.

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The delay in approaching this Court within the prescribed period of limitation has been explained at paragraphs 3, 4 and 5 of the present application which discloses that the applicant who is a government servant is to remain outside the Itanagar for his duty and he received the information of discharge a little be late and accordingly, there were 29 days delay in preferring the connected revision petition.

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After perusal of the same, it is the considered opinion of this Court that the applicant was prevented by sufficient cause in preferring the connected revision petition. Accordingly, the delay of 29 days in preferring the connected revision petition is condoned.

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Page No.# 4/4

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This Interlocutory Application stands disposed of.

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JUDGE

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Comparing Assistant

Khoda Budh v. the State of Ap and 2 Ors.

Case brief

What is this about?

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Khoda Budh v. the State of Ap and 2 Ors.

Case brief

What is this about?

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Issues for consideration

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