Bake John @ John Tara and 2 Ors v. The State of Ap

ORDER Date : 04-10-2023 Heard Mr. T. Torum, learned counsel for petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

¶2This is an application under Section 5 of the Limitation Act, 1963, praying for condoning the delay of 6 (six) months and 12 (twelve) days in filing the Criminal Revision Petition No. 23/(AP)2023, which revision is directed against the order, dated 20.10.2022, passed by the learned Chief Judicial Magistrate, Yupia, in G. R. Case No. 401/2015, under Section 417 IPC, whereby, the application filed by the petitioners for compounding the offence under Section 417 IPC has been rejected by the Chief Judicial Magistrate, Yupia.

¶3The petitioners no. 1 & 2 are stated to be the accused and the petitioner no. 3 is stated to be the complainant in the aforesaid G. R. Case.

¶4Seeking condonation of delay of 6 (six) months and 12 (twelve) days in filing the Criminal Revision Petition No. 23/(AP)2023, the applicants state that the petitioner no. 1, who is the main accused in the aforesaid G. R. Page No.# 4/4 Case, is a regular student of law at Himalayan University, Itanagar. As the petitioner no. 1 was pursuing his regular LLB course at Himalayan University, the petitioners could not file the aforesaid Criminal Revision Petition No. 23/

(AP)2023, within the stipulated time, challenging the order, dated

20.10.2022, passed by the learned Chief Judicial Magistrate, Yupia, in G. R. Case No. 401/2015, under Section 417 IPC.

¶5On consideration of the grounds assigned by the petitioners, as highlighted hereinabove, I am of the view that the petitioners were prevented by sufficient cause in not preferring the Criminal Revision Petition No. 23/(AP)2023, within the stipulated time. Accordingly, the delay of 6 (six) months and 12 (twelve) days in preferring the Criminal Revision Petition No. 23/(AP)2023, is hereby, condoned in the interest of justice.

¶6The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040010192023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/45/2023 Bake John @ Jhon Tara Bakey and 2 Ors. Age: 28 Occupation : Address:S/o Shri Bakey Taukh Resident of Rono Village PO/PS Doimukh Dist. Papumpare AP 2: Bengia Sagung Age: 39 Occupation : Address:S/o Shri Bengia Tanak Resident of Village Pari PO/PS Koloriang Dist. Kurung Kumey AP 3: Nabam Rama (Advocate) Age: 38 Occupation : Address:S/o Late Nabam Tok Resident of Village Yupia PO/PS Doimukh Dist. Papum Pare AP VERSUS VERSUS Page No.# 2/4 THE STATE OF AP Represented through the public prosecutor, Gauhati High Court, Itanagar, Itanagar, Permanent Bench, Yupia. Advocate for the Petitioner : T Torum Advocate for the Respondent : P P of AP Linked Case : Crl.Rev.P./23/2023 Bake John @ Jhon Tara Bakey and 2 Ors. Age: 28 Occupation : Address:S/o Shri Bakey Taukh Resident of Rono Village PO/PS Doimukh Dist. Papumpare AP 2: Bengia Sagung Age: 39 Occupation : Address:S/o Shri Bengia Tanak Resident of Village Pari PO/PS Koloriang Dist. Kurung Kumey AP 3: Nabam Rama (Advocate) Age: 38 Occupation : Address:S/o Late Nabam Tok Resident of Village Yupia PO/PS Doimukh Dist. Papum Pare AP VERSUS THE STATE OF AP Age: 0 Occupation : Page No.# 3/4 Address:Represented through the Public Prosecutor Gauhati High Court Itanagar Permanent Bench Yupia ------------ Advocate for : Tayum Son Advocate for : P P of AP appearing for THE STATE OF AP: Advocate appearing for respectively. BEFORE HONBLE MR. JUSTICE NANI TAGIA