Allowed

Shikha Buragohain v. the State of Assam and Anr.

Gauhati HC15 Sept 2026I.A.(Crl.)/673/2025

Case brief

AI extract

What is this about?

Single judge order allowing condonation of a five-day delay in filing a connected criminal revision petition against a Sessions Judge order, treating the petitioner's reason of engagement of counsel and document transfer as reasonable.

What did the court decide?

Delay of five days in filing the connected Criminal Revision Petition is condoned; petition is directed to be registered and listed.

Shikha Buragohain Vs the State of Assam and… — Civil Procedure and Limitation | Gauhati HC (2026)

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GAHC010137242025

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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.)/673/2025

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SHIKHA BURAGOHAIN W/O LATE GHANENDRA NATH BURAGOHAIN

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R/O WARD NO. 6, NAGAR MAHAL BOARDING ROAD, K.P.M. CHARIALI, P.O., P.S. AND DIST. SIVASAGAR, ASSAM PIN-785640

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM

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2:SMTI. URMILA MAHANTA W/O SRI SATYABRAT MAHANTA R/O AMULAPATTY D.N.B. ROAD WARD NO. 09 SIVASAGAR TOWN P.O. P.S. AND DIST. SIVASAGAR ASSAM PIN-78564

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Advocate for the Petitioner : MR. A K SAHEWALLA, MR. S SENGUPTA,MR P GOGOI,MR. W SHARMA

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Advocate for the Respondent : PP, ASSAM, MR. R K MAHANTA (R-2),MR. P BORDOLOI (R-2)

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Linked Case : OTC/0/0

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SHIKHA BURAGOHAIN ASSAM

VERSUS

THE STATE OF ASSAM

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ASSAM

-----------Advocate for : WISHES SHARMA Advocate for : appearing for THE STATE OF ASSAM

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BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA

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O R D E R

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Date : 16.09.2026.

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Heard Mr. A.K. Sahewalla, learned counsel for the applicant/petitioner. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent No.1 as well as Ms. P.S. Ojha, learned counsel appearing on behalf of Mr. P. Bordoloi, learned engaged counsel appearing for the respondent No.2.

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This is an application Section 5 of the Limitation Act, seeking condonation of delay of 5 days in filing the connected Criminal Revision Petition against the impugned order dated 07.03.2025, passed by the learned Sessions Judge, Sivasagar in Criminal Appeal No.14(1)/2025.

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It is submitted by Mr. Sahewalla, the learned counsel for the applicant that after the order passed by the learned Sessions Judge, Sivasagar, the petitioner had to engage the counsel in Guwahati and during that process of engaging counsel and transferring the set of documents to his engaged counsel, five days delay occurred in preferring the connected Criminal Revision Petition, against the order of learned Sessions Judge, Sivasagar. There is no lashes nor negligence on the part of the applicant but due to said unavoidable circumstances, there is a delay of five days, which may be condoned.

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On the other hand, Ms. Ojha, the learned counsel appearing for the respondent No.2 submitted that there is no proper explanation of delay of five days which is required. However, she submitted that the five days delay may be condoned.

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Ms. Bora, the learned Addl. P.P., Assam submitted that the State has no objection if the connected Criminal Revision Petition is admitted by condoning the delay of five days in filling the connected Criminal Revision Petition.

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Hearing the submissions made by learned counsel for the parties and also considering the reasons for five days’ delay in preferring the connected Criminal Revision Petition, this Court is of opinion that the grounds mentioned by the petitioner in the present interlocutory application are considered to be reasonable and justified, the delay of five days in filing the connected Criminal Revision Petition is hereby condoned.

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The Registry is accordingly directed to register the connected Criminal Revision Petition and list the same accordingly, in due course.

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This Interlocutory Application stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Shikha Buragohain v. the State of Assam and Anr.

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Shikha Buragohain v. the State of Assam and Anr.

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