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ASHOK DEB . v. STATE OF ASSAM

Supreme Court of India | Diary 10226/2017

Status

ROP - of Main Case

Decided On

25-04-2017

Bench

Petitioner

ASHOK DEB .

Respondent

STATE OF ASSAM

Primary Holding

A review petition filed with an inordinate delay of 1962 days, without an application for condonation, is liable to dismissal on grounds of delay; courts may decline to condone such gross delay even while examining the matter on merits.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REVIEW PETITION (CRIMINAL) NO. ……………. OF 2017 (ARISING OUT OF REVIEW PETITION (CRIMINAL) D. NO. 10226 OF 2017) IN SPECIAL LEAVE PETITION (CRIMINAL) NO. 9807 OF 2010 Ashok Deb & Anr. … Petitioners Versus State of Assam … Respondent O R D E R Perused the Office Report. The instant petition is defective for want of an application for condonation of delay in filing the same by 1962 days. Even otherwise, it is not possible for us to condone such a huge delay in filing the present review petition. Thus, though the present petition is liable to be dismissed on the ground of delay itself, yet we have carefully gone through the review petition and the papers connected therewith. We are satisfied that no case for review of the order dated 22.11.2010, has been made out. The review petition is, accordingly, dismissed both on the ground of delay as well as on merits. .……………… ..……………….…....…CJI. (Jagdish Singh Khehar) .………………...…………………….……J. (Kurian Joseph) New Delhi; April 25, 2017.

CHAMBER MATTER SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(Crl.) D 10226/2017 In SLP(Crl) No.9807/2010 ASHOK DEB & ANR. Petitioner(s) VERSUS STATE OF ASSAM Respondent(s) (With office report) Date : 25/04/2017 This petition was circulated today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KURIAN JOSEPH By Circulation UPON perusing papers the Court made the following O R D E R The review petition is dismissed both on the ground of delay as well as on merits in terms of the signed order. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)

.IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTION REVIEW PETITION (CRIMINAL) NO. ⬠¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦. OF 2017(ARISING OUT OF REVIEW PETITION (CRIMINAL) D. NO. 10226 OF 2017)IN SPECIAL LEAVE PETITION (CRIMINAL) NO. 9807 OF 2010Ashok Deb & Anr. ⬠¦ PetitionersVersusState of Assam ⬠¦ RespondentO R D E RPerused the Office Report.The instant petition is defective for want of an application forcondonation of delay in filing the same by 1962 days. Even otherwise, it isnot possible for us to condone such a huge delay in filing the present reviewpetition.Thus, though the present petition is liable to be dismissed on theground of delay itself, yet we have carefully gone through the review petitionand the papers connected therewith. We are satisfied that no case for reviewof the order dated 22.11.2010, has been made out. The review petition is, accordingly, dismissed both on the ground ofdelay as well as on merits..⬠¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦ ..⬠¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦.⬠¦....⬠¦CJI.(Jagdish Singh Khehar).⬠¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦...⬠¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦.⬠¦â¬ ¦J.(Kurian Joseph)New Delhi;April 25, 2017.CHAMBER MATTER SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(Crl.) D 10226/2017 In SLP(Crl) No.9807/2010ASHOK DEB & ANR. Petitioner(s) VERSUSSTATE OF ASSAM Respondent(s)(With office report)Date : 25/04/2017 This petition was circulated today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KURIAN JOSEPH By Circulation UPON perusing papers the Court made the following O R D E RThe review petition is dismissed both on the ground ofdelay as well as on merits in terms of the signed order.(SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR(Signed order is placed on the file)

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