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MITALI THAKURIA
Asish Das @ Ashish Das S/o Late Akash Ch. Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Public Prosecutor representing the State respondent and Mr. A. K. Bhuyan, learned counsel for the respondent No.2.
2. This is an application filed under Sections 397/401 of the Code of Criminal Procedure, 1973, challenging the order dated 02.02.2022, passed by the learned Sessions Judge, Karimganj, in Criminal Miscellaneous Case No.11/2021, in connection with Criminal Revision 40/21.
3. The brief facts leading to the filing of the present petition is that;
3.1. The petitioner being the Principal lodged an FIR before the Officer-in-Charge, Karimganj against the respondent No.2 in connection with misappropriation of School fund amounting to Rs.6,852/-and unaudited amount of Rs.23,770/-approximately. The case was registered as Karimganj, P.S. Case No. 604/17 at 04.07.2017, registered under Sections 409/506 of the Indian Penal Code. Thereafter, thorough investigation was carried out and the case was charge-sheeted vide order dated 30.12.2017 against the respondent No.2. On receipt of the charge-sheet the learned Magistrate took cognizance of the matter in G.R. Case No.1448/17, dated 0
The court emphasized that government agencies must demonstrate sufficient cause for delay in legal proceedings, reinforcing that procedural lapses do not justify condonation.
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