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2025 DAILYLAW 27551 (GAU)

NITUL SAIKIA v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/1040/2025 · 2025-11-02

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010204542025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1040/2025 NITUL SAIKIA S/O- LATE ADIRAM SAIKIA, R/O- VILL- DOLOWJAN, P.O- FURKATING, P.S- GOLAGHAT SADAR, DIST-GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:DILIP SAIKIA S/O- LATE ADIRAM SAIKIA R/O- VILL- DOLOWJAN P.O- FURKATING P.S- GOLAGHAT SADAR DIST-GOLAGHAT ASSA Advocate for the Petitioner : MR S BORTHAKUR, Advocate for the Respondent : PP, ASSAM, G KAUSHIK (R-2) Linked Case : Crl. Rev. P./8730/2025 (Filing Number) NITUL SAIKIA GOLAGHAT VERSUS THE STATE OF ASSAM AND ANR Page No.# 2/3 REP BY THE PP ASSAM ------------ Advocate for : MR PARAM HANGKHA KONWAR Advocate for : appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.11.2025 Heard the learned counsel Mr. S. Borthakur appearing for the applicant. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the state of Assam as well as Mr. G. Kaushik, the learned counsel appearing for the respondent No.2. 2. This is an application under Section 5 of the Limitation Act, 1963 praying for condonation of 1295 days delay in filing the connected Revision Petition. 3. Mr. Borthakur has submitted that the trial as well as the appeal was conducted by the Legal Aid Counsel, who did not inform the applicant about the fate of the case. After so many days, suddenly the applicant was arrested and sent to judicial custody. 4. I have considered the submissions made by the learned counsel of both sides. 5. This Court is of the opinion that the delay has been satisfactorily explained. 6. Therefore, the delay stands condoned. 7. The connected Revision Petition shall be registered and listed for Page No.# 3/3 admission hearing. With the aforesaid direction, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant