Mina Bora @ Borah v. Purna Bora and 4 Ors

ORDER Date : 23-09-2024

¶1Heard Mr. J. Barman, the learned counsel for the applicant.

¶2This is an application under Section 5 of the Limitation Act for condonation of delay of 4 days in filing the criminal revision petition u/s 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Act of 43 of 2023) against the order dated 31.05.2024 passed by the learned Judicial Magistrate First Class, Lakhimpur at North Lakhimpur whereby the accused-person/opposite-party was discharged from CR(W)/01/2018. Page No.# 3/3

¶3It is submitted by Mr. Barman that during trial of this case, the petitioner was not keeping well and she was under treatment. After recovery she came to know about the status of the case and then only she came to the know that the case has been disposed of and all the respondents/accused-persons were discharged from the said case. After collecting the copy she accordingly filed the connected revision petition against the order passed by the learned JMFC, North Lakhimur dated 31.05.2024 in Case No. CR(W)/01/2018. Mr. Barman further submits that he has also annexed the medical certificate of the petitioner who was under treatment at the relevant time.

¶4Considering the submission made by Mr. Barman and also for the ends of justice, the present petition is allowed condoning the delay of four days in preferring the connected revision petition. The delay is accordingly condoned.

¶5The Registry is hereby directed to register the connected revision petition and number the case. The IA stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010189662024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/902/2024o MINAoBORAo@oBORAHo D/OoLATEoTATTADHARoBORAo R/OoVILL-oKANDURAoPATHARo MOUZA-oNAOBAICHA,oP.O.oDEJOOoT.E.o P.S.oNORTHoLAKHIMPUR,oDIST.oLAKHIMPUR,oASSAM,oPIN-787001 VERSUSo PURNAoBORAoANDo4oORSo S/OoLATEoTATTADHARoBORAo R/OoSONARIoJAYANTIoNAGAR,oTORAJAAN,oP.S.oJORHAT,o P.O.oTORAJAN,oDIST.oJORHAT,oASSAM,oPIN-785001 2:SMTI.oKAMALESWARIoBORA oW/OoLATEoTATTADHARoBORAo R/OoKANDURAoPATHAR o P.S.oNORTHoLAKHIMPUR oMOUZA-oNAOBAICHAo P.O.oDEJOOoT.E.o DIST.oLAKHIMPUR oASSAM 3:SRIoLAKHESWARoBORA oS/OoLATEoTATTADHARoBORAo R/OoKONDURAoPOTHAR o P.S.oNORTHoLAKHIMPUR oP.O.oDEJOOoT.E.o DIST.oLAKHIMPUR oASSAMo PIN-787001 Page No.# 2/3 4:SMT. PRANITA BORA W/O SONARI JAYANTI NAGAR TORAJAAN P.S. JORHAT P.O. TORAJAN DIST. JORHAT ASSAM PIN-785001 5:SMTI. CHANDANA DEORI W/O LAKHESWAR BORA R/O KONDURA POTHAR P.S. NORTH LAKHIMPUR P.O. DEJOO T.E. DIST. LAKHIMPUR ASSAM PIN-78700 Advocate for the Petitioner : MR. J K GOSWAMI, MR. J BARMAN Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA