Khireswar Saikia @ Bogai vs The State Of Assam And Anr
2025 Latest Caselaw 657 Gua

Gauhati High Court

Khireswar Saikia @ Bogai vs The State Of Assam And Anr on 16 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                          Page No.# 1/3

GAHC010065972025




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

                                 Case No. : I.A.(Crl.)/476/2025

            KHIRESWAR SAIKIA @ BOGAI
            S/O. SRI DURNA SAIKIA, R/O. VILL.- NO. 2 NABAJYOTI, P/O. AND P/S.
            MERAPANI, DIST. GOLAGHAT, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PP, ASSAM.

            2:GITANJALI BORA
            W/O. SRI SITARAM BORA
             R/O. NO. 2 NABAJYOTI
             P/S. MERAPANI
             DST. GOLAGHAT
            ASSA

Advocate for the Petitioner   : MS. N CHOUDHURY,

Advocate for the Respondent : PP, ASSAM,




             Linked Case : ST.Rev./0/0

            KHIRESWAR SAIKIA ALIAS BOGAI
            GOLAGHAT
            ASSAM


             VERSUS
                                                                                      Page No.# 2/3


            THE STATE OF ASSAM
            REP BY PP ASSAM

            2:SMT GITANJALI BORA
            GOLAGHAT
            ASSAM
             ------------
            Advocate for : NIRMALA CHOUDHURY
            Advocate for : appearing for THE STATE OF ASSAM



                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : --16.05.2025 [M. Choudhury, J]

Heard Ms. N. Choudhury, learned Legal Aid Counsel for the applicant and Ms. S. Jahan, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 142 days in preferring the connected criminal appeal. The applicant as the applicant has preferred connected criminal appeal against a Judgment & Order dated 03.09.2024 passed in Special [POCSO] Case no. 54/2021 by the learned Special Judge [POCSO] at Golaghat.

3. Issue notice, returnable in 4 [four] weeks.

4. As Ms. Jahan has appeared and accepted notice in respect of the opposite party no. 1, State of Assam, issuance of formal notice in respect of the said opposite party stands dispensed with. Ms. Jahan has already been served with a copy of the interlocutory application and as such, extra copy is not to be furnished.

5. The applicant shall take steps for service upon the opposite party no. 2/informant, in Page No.# 3/3

terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024 and the order dated 23.06.2023 passed in Criminal Appeal [J] no. 40/2022 [Deepak Nayak vs. State of Assam and two others within 2 working days from today.

6. Ms. Jahan, learned Additional Public Prosecutor is to obtain the report from the Officer In-Charge, Merapani Police Station as regards status of service of notice upon the opposite party no. 2 on or before the returnable date.

                                                        JUDGE                JUDGE



Comparing Assistant