Allowed

Central Bureau of Investigation v. Shri. R Ezung and 2 Ors.

Gauhati HC8 Apr 2024I.A.(Crl.)/25/2023

Case brief

AI extract

What is this about?

The Court allowed an application for condonation of 150 days' delay in filing an appeal to restore a dismissed criminal appeal. The CBI appealed an acquittal under corruption provisions. Notices were served on respondents, and the order condoned the delay and directed listing of the connected restoration application.

What did the court decide?

Delay of 150 days in filing the application for restoration of the criminal appeal was condoned.

Central Bureau of Investigation Vs Shri. R Ezung and 2 Ors. — Corruption | Gauhati HC (2024)

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Page No.# 1/3

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GAHC020006642023

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

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Case No. : I.A.(Crl.)/25/2023

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CENTRAL BUREAU OF INVESTIGATION

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GOVT OF INDIA, REPRESENTED BY THE SP, ECONOMIC OFFENCES BRANCH HAVING ITS OFFICE AT CGO COMPLEX, F-WING (GROUND FLOOR), DF BLOCK, SALT LAKE CITY, KOLKATA

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VERSUS

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SHRI. R EZUNG AND 2 ORS THE THEN SECRETARY DEPT. OF VETERINARY AND ANIMAL HUSBANDRY GOVT. OF NAGALAND

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Advocate for the Petitioner : BENDANGWABANG

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Advocate for the Respondent :

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Linked Case : I.A.(Crl.)/26/2023

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CENTRAL BUREAU OF INVESTIGATION GOVT OF INDIA REPRESENTED BY THE SP ECONOMIC OFFENCES BRANCH HAVING ITS OFFICE AT CGO COMPLEX F-WING (GROUND FLOOR) DF BLOCK SALT LAKE CITY KOLKATA

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VERSUS

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Page No.# 2/3

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SHRI R EZUNG AND 2 ORS THE THEN SECRETARY DEPT. VETERINARY AND ANIMAL HUSBANDRY GOVT. OF NAGALAND

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-----------Advocate for : BENDANGWABANG Advocate for : appearing for SHRI R EZUNG AND 2 ORS

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BEFORE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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08.04.2024

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Heard Mr. Bendangwabang, learned Standing Counsel for the applicant CBI.

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The present application is filed for condonation of delay of 150 days in preferring the connected I.A. being I.A.(Crl)/26/2023 for restoration of the criminal appeal being Crl.A./3/2021 which was dismissed for non prosecution by this Court under its order dated 26.05.2023.

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The CBI preferred an appeal being Crl.A./3/2021 under Section 378(2) of the Code of Criminal Procedure, 1973, against the Judgment and Order dated 05.12.2019 passed by the learned Special Judge, CBI, Kohima in CBI Case RC No. 1(E)/2007, CBI vrs. Shri R. Ezung and Ors, whereby the respondents were acquitted for offences under Section 120B/409 IPC read with Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

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Notices were issued to the respondents. Notice to the

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Page No.# 3/3 respondent Nos. 1 and 2 has duly been served and respondent No. 3 did not participate in the trial and notice is returned in this regard.

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Thereafter, the petitioner also allowed to take steps through dasti and such Steps has been taken and an affidavit has been filed. Perused the same and service is accepted.

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The cause of delay has been explained at paragraph 4 (a) to (i) of the present application.

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The explanation given in the aforesaid paragraph shows that the applicant was not negligent in approaching the Court beyond the prescribed period of limitation and there were sufficient causes which prevented the applicant to approach this Court within time.

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Accordingly, the present IA stands allowed. The delay stands condoned.

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Registry to list the IA(Crl)/26/2023 in the next week.

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IA(Crl)/25/2023 stands disposed of.

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Sd/-

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JUDGE

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Comparing Assistant

Central Bureau of Investigation v. Shri. R Ezung and 2 Ors.

Case brief

What is this about?

What did the court decide?

Central Bureau of Investigation v. Shri. R Ezung and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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