Disposed¶27

Nitul Saikia v. the State of Assam and Anr.

Gauhati HC2 Nov 2025I.A.(Crl.)/1040/2025

Case brief

AI extract

What is this about?

Gauhati High Court, I.A.(Crl.)/1040/2025, Nitul Saikia v. The State of Assam & Anr., single bench of Parthivjyoti Saikia, J., order dated 03.11.2025. Application under Section 5 of the Limitation Act, 1963 for condonation of 1295 days' delay in filing connected Revision Petition Crl. Rev. P./8730/2025; explanation based on Legal Aid Counsel's failure to inform applicant of case outcome and applicant's later arrest and judicial custody; delay condoned; revision petition to be registered and listed for admission hearing; I.A. disposed of.

What did the court decide?

Condonation of 1295 days' delay in filing the connected Revision Petition (Crl. Rev. P./8730/2025); the connected Revision Petition to be registered and listed for admission hearing. ¶27

Nitul Saikia Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

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Page No.# 1/3

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GAHC010204542025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/1040/2025

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NITUL SAIKIA S/O- LATE ADIRAM SAIKIA, R/O- VILL- DOLOWJAN, P.O- FURKATING, P.S- GOLAGHAT SADAR, DIST-GOLAGHAT, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM

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2:DILIP SAIKIA S/O- LATE ADIRAM SAIKIA

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R/O- VILL- DOLOWJAN

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P.O- FURKATING P.S- GOLAGHAT SADAR DIST-GOLAGHAT ASSA

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Advocate for the Petitioner : MR S BORTHAKUR,

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Advocate for the Respondent : PP, ASSAM, G KAUSHIK (R-2)

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Linked Case : Crl. Rev. P./8730/2025 (Filing Number) NITUL SAIKIA GOLAGHAT

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VERSUS

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THE STATE OF ASSAM AND ANR

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Page No.# 2/3

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REP BY THE PP ASSAM

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-----------Advocate for : MR PARAM HANGKHA KONWAR Advocate for : appearing for THE STATE OF ASSAM AND ANR

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 03.11.2025

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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.

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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.

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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.

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