Fulmati Rabi Das vs The State Of Assam And 2 Ors
2021 Latest Caselaw 328 Gua

                                                                      Page No.# 1/2

GAHC010178482020




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

                                 Case No. : Crl.L.P./49/2020
                                      In Crl.A. 7599/2020
                                         (Filing Number)

            FULMATI RABI DAS
            W/O- LATE SURESH RABI DAS, R/O- TOPKHANA PART-I, P.S. SILCHAR,
            DIST.- CACHAR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY THE PUBLIC PROSECUTOR.

            2:SMTI. SUBHA RABI DAS
            W/O- LATE RAJU RABI DAS
             R/O- ARUNACHAL BAZAR
             C/O- MD. BADARUDDIN
             P.S. SILCHAR
            ASSAM
             PIN- 788001.

            3:DIPU DAS @ DIPU ROY
             R/O- KATA TULLA
             P.S. SILCHAR
             DIST.- CACHAR
            ASSAM
             PIN- 788001

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : PP, ASSAM
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                                      BEFORE
                      HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                       HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                         :: O R D E R ::

01.02.2021 [N. Kotiswar Singh, J] Heard Mr. R. Goswami, learned counsel appearing for the petitioner. Also heard Mr. M. Phukan, learned Additional Public Prosecutor, Assam appearing for the State.

The present petition has been filed seeking leave to prefer the connected appeal against the judgment and order dated 26.06.2020 passed by the learned Sessions Judge, Cachar at Silchar in Sessions case No. 65 of 2014.

It has been submitted at the Bar that in view of the decision rendered by the Hon'ble Supreme Court in Mallikarjun Kodagali Vs. State of Karnataka, reported in (2019) 2 SCC 752, leave is no more required for filing an appeal against the acquittal by the victim.

In view of the above, the present petition is closed as infructuous.

Let the connected appeal be registered & numbered and it be listed after 4 (four) weeks.

                                                       JUDGE                           JUDGE




Comparing Assistant