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The Union of India and 9 Ors. Vs Santosh Kumar — Gauhati HC (2025) — LawSathi Research

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Gauhati HC
2025
The Union of India and 9 Ors. Vs Santosh KumarThe Union of India and 9 Ors. v. Santosh Kumar

Disposed¶46

The Union of India and 9 Ors. v. Santosh Kumar

Gauhati HC7 Dec 2025I.A.(Civil)/3073/2025

Case brief

AI extract

What is this about?

Gauhati High Court, I.A.(Civil)/3073/2025, order dated 08.12.2025, Coram: Ashutosh Kumar, CJ and Arun Dev Choudhury, J. Condonation of delay of 153 days sought by applicants/appellants (Union of India and CRPF officers — DG CRPF, Dy. IG (CR & Vig), IG North Eastern Sector Shillong, IG Operation Sector Jorhat, Commandants/Second-in-Command incl. Bharat Kumar Vaishnav, L. Kipgen, Sunil Kr. Shahi, Radhe Shyam Singh, Mahesh Vishwakarma) in connected appeal against judgment dated 06.03.2025 of learned Single Judge in WP(C) No.350/2023 and analogous cases; sole respondent Santosh Kumar offered no effective resistance; delay condoned; IA disposed of; appeal to be processed and listed on 09.02.2026. No statute or precedent cited in the order.

What did the court decide?

Condonation of the delay of 153 days in preferring the connected appeal; the Registry directed to process the appeal and list it on 09.02.2026 under the appropriate heading.

Why is it important?

After hearing learned counsel for the parties and going through the averments made in the application, the Court was satisfied that good grounds had been assigned by the applicants/appellants for condoning the delay of 153 days in preferring the connected appeal; there was no effective resistance from the respondent to the prayer. ¶44

What the court decided

AI extract

Outcome

Condonation of the delay of 153 days in preferring the connected appeal; the Registry directed to process the appeal and list it on 09.02.2026 under the appropriate heading.

Issue for consideration

Whether the delay of 153 days in preferring the connected appeal against the judgment dated 06.03.2025 in WP(C) No.350/2023 and other analogous cases should be condoned.

Court's answer

After hearing learned counsel for the parties and going through the averments made in the application, the Court was satisfied that good grounds had been assigned by the applicants/appellants for condoning the delay of 153 days in preferring the connected appeal; there was no effective resistance from the respondent to the prayer.

Ratio / Principle

The delay of 153 days in preferring the connected appeal was condoned, and the Interlocutory Application stood disposed of accordingly.

Key takeaways

The Registry was directed to process the appeal and list it on 09.02.2026 under the appropriate heading.ratio¶47

Detailed headnote1 paragraphs

Interlocutory Application (Civil) No.3073/2025, Gauhati High Court, decided 08.12.2025 by the Division Bench of Hon'ble the Chief Justice Mr. Ashutosh Kumar and Hon'ble Mr. Justice Arun Dev Choudhury. The applicants/appellants — the Union of India and functionaries of the Central Reserve Police Force — sought condonation of a delay of 153 days in preferring a connected appeal against the judgment dated 06.03.2025 of a learned Single Judge in WP(C) No.350/2023 and other analogous cases. There being no effective resistance from the sole respondent (Santosh Kumar) and good grounds having been found assignable for the delay, the Bench condoned the delay of 153 days, disposed of the Interlocutory Application, and directed the Registry to process the appeal and list it on 09.02.2026 under the appropriate heading.

A

Page No.# 1/3

GAHC010204882025

undefined

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

Case No. : I.A.(Civil)/3073/2025

1.THE UNION OF INDIA AND 9 ORS

REPRESENTED BY THE SECY. , MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN 110001

2: THE DIRECTOR GENERAL

CENTRAL RESERVE POLICE FORCE

BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI PIN 110003

3: THE DY. INSPECTOR GENERAL (CR AND VIG)

OFFICE OF THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI PIN 110003

4: THE INSPECTOR GENERAL OF POLICE

NORTH EASTERN SECTOR CENTRAL RESERVE POLICE FORCE SHILLONG MEGHALAYA PIN 793001

5: THE INSPECTOR GENERAL

OPERATION SECTOR CENTRAL RESERVE POLICE FORCE POLICE COMPLEX ROWRIAH JORHAT ASSAM PIN 785004

6: BHARAT KUMAR VAISHNAV (IRLAA 4858) COMMANDANT 142 BATTALION CENTRAL RESERVE POLICE FORCE C/O OFFICE OF THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI PIN 110003

7: L. KIPGEN

(IRLA 70450)

DEPUTY COMMANDANT GROUUP CENTRE KHATKHATI

CENTRAL RESERVE POLICE FORCE C/O OFFICE OF THE DIRECTORATE

Page No.# 2/3

GENERAL CENTRAL RESERVE POLICE FORCE BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI 110003

8: SUNIL KR. SHAHI

SECOND IN COMMAND (IRLA 5884) 26 BATTALION CENTRAL RESERVE POLICE FORCE C/O OFFICE OF THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI 110003

9: RADHE SHYAM SINGH

COMMANDANT (IRL 4692) COMMANDANT 94 BATTALION CENTRAL RESERVE POLICE FORCE C/O OFFICE OF THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI PIN 110003

10: MAHESH VISHWAKARMA

SECOND IN COMMAND (IRLA 6538) 112 BATTALION CENTRAL RESERVE POLICE FORCE C/O OFFICE OF THE DG CRPF BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI 11000

VERSUS

SANTOSH KUMAR

ASSTT. COMMANDANT, (PS) (IRLA NO. 11192) (UNDER SUSPENSION), PRESENTLY POSTED AT OFFICE OF THE INSPECTOR GENERAL, (OPERATION), JORHAT, ASSAM, HEADQUARTERS DURING SUSPENSION AT GROUP CENTRE KHATKHATI, CENTRAL RESERVE POLICE FORCE, KHATKHATI, KARBI ANGLONG, ASSAM, PIN 782480

For the Applicant(s) : Mr. A.R. Tahbildar, Advocate on behalf of Mr. H. Gupta, Central Government Counsel.

For the Respondent(s) : Mr. D. Gogoi, Advocate.

– B E F O R E –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

08.12.2025

(Ashutosh Kumar, CJ)

This Interlocutory Application has been filed by the applicants/appellants seeking condonation of delay of 153 days in preferring the connected appeal against the judgment dated 06.03.2025

Page No.# 3/3

passed by a learned Single Judge of this Court in WP(C) No.350/2023 and other analogous cases.

We have heard Mr. A.R. Tahbildar, learned Advocate for the applicants/appellants and Mr. D. Gogoi, learned Advocate for the sole respondent.

There is no effective resistance from the respondent with respect to the prayer for condonation of delay.

After having heard the learned counsel for the parties and on going through the averments made in the application, we are satisfied that good grounds have been assigned by the applicants/appellants for condoning the delay of 153 days in preferring the connected appeal.

We, therefore, condone the delay.

The Interlocutory Application stands disposed off.

The Registry to process the appeal and list the same on 09.02.2026 under the appropriate heading.

JUDGE CHIEF JUSTICE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 153 days in preferring the connected appeal against the judgment dated 06.03.2025 in WP(C) No.350/2023 and other analogous cases should be condoned.¶39
The court held
After hearing learned counsel for the parties and going through the averments made in the application, the Court was satisfied that good grounds had been assigned by the applicants/appellants for condoning the delay of 153 days in preferring the connected appeal; there was no effective resistance from the respondent to the prayer.ratio¶44

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 06.03.2025 passed by a learned Single Judge of this Court in WP(C) No.350/2023 and other analogous cases, against which the connected appeal was preferred with a delay of 153 days.¶39
Learned Single Judge, Gauhati High Court · 06.03.2025
Prior proceeding
Writ petition WP(C) No.350/2023 and other analogous cases were decided by a learned Single Judge of this Court.¶41
Prior proceeding
The applicants/appellants filed the present Interlocutory Application seeking condonation of the 153 days' delay in preferring the connected appeal against the Single Judge judgment dated 06.03.2025.¶39

Parties & counsel

AI extract

applicant
The Union of India and 9 Ors (represented by the Secy., Ministry of Home Affairs, New Delhi)¶6
A.R. Tahbildar, H. Gupta
applicant
Bharat Kumar Vaishnav (IRLAA 4858), Commandant, 142 Battalion, Central Reserve Police Force¶17
applicant
L. Kipgen (IRLA 70450), Deputy Commandant, Group Centre Khatkhati, Central Reserve Police Force¶18
applicant
Sunil Kr. Shahi (IRLA 5884), Second in Command, 26 Battalion, Central Reserve Police Force¶24
applicant
Radhe Shyam Singh (IRL 4692), Commandant, 94 Battalion, Central Reserve Police Force¶26
applicant
Mahesh Vishwakarma (IRLA 6538), Second in Command, 112 Battalion, Central Reserve Police Force¶28
respondent
Santosh Kumar, Asstt. Commandant (PS) (IRLA No. 11192) (Under Suspension)¶31
D. Gogoi

Coram

AI extract

Ashutosh Kumarauthor¶38
Arun Dev Choudhurymember¶36

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 7 Dec 2025 · December
Registered: 15 Sept 2025
Case no.: I.A.(Civil)/3073/2025
CNR: GAHC010204882025
Bench: Arun Dev Choudhury
Disposal: Allowed
Case type: I.A.(Civil)

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Cite this judgement

The Union of India and 9 Ors. v. Santosh Kumar, I.A.(Civil)/3073/2025 (GAU), decided on 7 December 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Judgment dated 06.03.2025 passed by a learned Single Judge of this Court in WP(C) No.350/2023 and other analogous cases, against which the connected appeal was preferred with a delay of 153 days.Learned Single Judge, Gauhati High Court · 06.03.2025
Writ petition WP(C) No.350/2023 and other analogous cases were decided by a learned Single Judge of this Court.
The applicants/appellants filed the present Interlocutory Application seeking condonation of the 153 days' delay in preferring the connected appeal against the Single Judge judgment dated 06.03.2025.

View full history

Bench / Coram

Ashutosh Kumar and Arun Dev Choudhury

Parties & counsel