LAKHESWAR SAIKIA vs THE STATE OF ASSAM AND ANR Advocate - PP, ASSAM, ,MR. P K ROY,MRS. A CHAKRABORTY,MR B DAS — Crl.Pet./1265/2025
Case under Bharatiya Nagarik Suraksha Sanhita Section 528. Disposed: Contested--Disposed Of on 18th May 2026.
CNR: GAHC010178522025
e-Filing Number
08-08-2025
Filing Number
Crl.Pet./7642/2025
Filing Date
08-08-2025
Registration No
Crl.Pet./1265/2025
Registration Date
16-10-2025
Judge
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Coram
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Bench Type
Single Bench
Category
10263 - Criminal Revisions for quashing of criminal proceeding ( 221 )
Judicial Branch
Criminal Section
Decision Date
18th May 2026
Nature of Disposal
Contested--Disposed Of
Acts & Sections
Petitioner(s)
LAKHESWAR SAIKIA
Adv. MR. N ALAM,S A BAKHTIAR,S A BAKHTIAR, ,Y KHAUND,MR. K MOHAMMED,MR. D DAS SR. ADV,MR N J DAS,S A BAKHTIAR
Respondent(s)
THE STATE OF ASSAM AND ANR Advocate - PP (Public Prosecutor), ASSAM, ,MR. P K ROY,MRS. A CHAKRABORTY,MR B DAS
SRI S ANDEEP KUMAR GOGOI
Hearing History
Judge: HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ADMISSION
MOTION
MOTION
| Date | Purpose |
|---|---|
| 18-05-2026 | ADMISSION |
| 29-10-2025 | MOTION |
| 24-10-2025 | MOTION |
Orders
Case Summary: Crl.Pet./1265/2025 Decision: The Gauhati High Court quashed the criminal proceedings against petitioner Lakheswar Saikia (General Manager, Food Corporation of India) for charges under IPC Sections 120B/420/409 because prior prosecution sanction under Section 197 CrPC was not obtained before cognizance, which is mandatory for public servants acting in official capacity. Key Reasoning: The court held that since Saikia was acting in his official capacity, prosecution sanction from the competent authority was a condition precedent to taking cognizance, regardless of the allegations' merit. The court relying on Supreme Court precedents found the trial court's cognizance order dated 28.07.2025 bad in law and vitiated the entire proceedings. This case analysis is maintained by casestatus.in based on publicly available court records.
Case Summary: Crl.Pet./1265/2025 Decision: The Gauhati High Court quashed the criminal proceedings against petitioner Lakheswar Saikia (General Manager, Food Corporation of India) for charges under IPC Sections 120B/420/409 because prior prosecution sanction under Section 197 CrPC was not obtained before cognizance, which is mandatory for public servants acting in official capacity. Key Reasoning: The court held that since Saikia was acting in his official capacity, prosecution sanction from the competent authority was a condition precedent to taking cognizance, regardless of the allegations' merit. The court relying on Supreme Court precedents found the trial court's cognizance order dated 28.07.2025 bad in law and vitiated the entire proceedings. This case analysis is maintained by casestatus.in based on publicly available court records.
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