Shampa Mallik vs The State Of Assam And 2 Ors
2021 Latest Caselaw 1188 Gua

                                                                     Page No.# 1/2

GAHC010252322019




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

                                 Case No. : Crl.L.P./84/2019

            SHAMPA MALLIK
            D/O- SHRI RAMENDRA MALLICK, R/O- NETAJI NAGAR, WARD NO. 9, P.O.,
            P.S. AND DIST.- BONGAIGAON, ASSAM, PIN- 78380.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY THE P.P., ASSAM.

            2:SUBIR BISWAS
             S/O- LATE SURENDRA CH. BISWAS
             R/O- KOKRAJHAR TOWN
             WARD NO. 3
             P.O.
            P.S. AND DIST.- KOKRAJHAR
             BTC
            ASSAM
             PIN- 783370.

            3:NILIMA BISWAS
             W/O- LATE SURENDRA CH. BISWAS
             R/O- KOKRAJHAR TOWN
             WARD NO. 3
             P.O.
            P.S. AND DIST.- KOKRAJHAR
             BTC
            ASSAM
             PIN- 783370

Advocate for the Petitioner   : MR. B J MUKHERJEE

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

Date : 25-03-2021

Heard Mr. A Roy, learned counsel for the petitioner. Also heard Ms. A Begum, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1. Also heard Mr. IA Talukdar, learned counsel for respondent Nos.2 & 3.

By this application under Section 378 (4) of the CrPC, the petitioner has prayed for leave of the Court to file appeal against the judgment and order, dated 27.08.2019 passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No.17(2)/2018 acquitting the respondents No. 2 and 3 of the charge under Section 498A of the IPC thereby setting aside the judgment and order, dated 13.06.2018 passed by the learned Addl.CJM, Bongaigaon in CR Case No.70/2016 u/s 498 A of the IPC.

On a conjoint anxious consideration of the averments made in the instant petition and the grounds of appeal cited in the memo of the proposed appeal, this Court finds that there are fairly well grounds touching the appreciation of evidence aspect by the learned trial court which need to be revisited in appeal.

Therefore, leave is hereby granted to prefer an appeal against the order of acquittal referred to above.

Accordingly, the petition stands allowed.

Registry to register the accompanying appeal and list the same.

The leave petition stands disposed of.

JUDGE

Comparing Assistant