Citation : 2021 Latest Caselaw 1175 Gua
Judgement Date : 24 March, 2021
Page No.# 1/2
GAHC010151812018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Crl.L.P./73/2018
SRI RUPOK JYOTI BORKOTOKY
S/O LATE TARUN CH. BORKOTOKY
R/O KOROKATALI
NEAR J.B.A. BIDYALAYA
JORHAT - 785015
DIST. JORHAT
ASSAM
VERSUS
SRI MAKHON BORAH
S/O LATE PANI RAM BORAH
PROPRIETOR OF INSTRUMENT
R/O SUWAMI GAON
NEAR BHOGDOI BRIDGE
JORHAT
P.O.
P.S. AND DISTRICT - JORHAT - 785001
ASSAM
------------
Advocate for : MR. D K KOTHARI
Advocate for : S ALI appearing for SRI MAKHON BORAH
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BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 24.03.2021
Heard Mr. B Deka, learned counsel for the applicant. Also heard Mr. AI Ahmed, learned counsel appearing for the opposite party.
By this application filed under Section 378 (3) and Section 378 (4) of the CrPC, the applicant has prayed for leave of the Court to file appeal against the impugned Judgment and order, dated 27.03.2018 passed by the learned Addl.CJM, Jorhat, whereby the Complaint Case
No.270C/2014 was dismissed and the accused has been acquitted.
On hearing the learned counsel for both the sides and consideration of the grounds cited in the application, it is noticed that there are prima facie merit for adjudication by way of reconsideration of the whole matter in the connected appeal.
Therefore, leave is hereby granted to appeal against the acquittal of the opposite party.
This disposes off the interlocutory application.
JUDGE
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