Manash Gogoi vs Rajen Bora
2021 Latest Caselaw 2684 Gua

                                                                             Page No.# 1/2

GAHC010141922021




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

                                 Case No. : Crl.L.P./16/2021

            MANASH GOGOI
            S/O- SRI NIDHIRAM GOGOI, R/O- BHATIAPAR, P.O., P.S. AND DIST.-
            SIVASAGAR, PIN- 785640.



            VERSUS

            RAJEN BORA
            S/O- SRI PRASAD BORA, R/O- KALUGAON, P.O. AND P.S. AMGURI, DIST.-
            SIVASAGAR, PIN- 785683.



Advocate for the Petitioner   : MR. A R SHOME

Advocate for the Respondent : MR. M BARUAH




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

Date : 02-11-2021

Heard Mr. S Chauhan, learned counsel for the petitioner. Also heard Mr. PK Das, learned counsel appearing for the sole respondent.

Mr. Das, learned counsel has appeared and submitted that he has filed vakalatnama on 28.10.2021 which is yet to be tagged. The Registry to tag the Page No.# 2/2

same and his name be reflected in the Cause-List, when the matter is listed next.

This leave petition is filed seeking leave to file appeal against the judgment and order of acquittal dated 01.04.2021, passed by the learned Chief Judicial Magistrate, Sivasagar in NI Case No. 27/2019.

So far the ground of leave to file the appeal is concerned, Mr. Chauhan, learned counsel for the petitioner has submitted that the learned court below has acquitted the accused-respondent taking an erroneous view on law and facts. To a pointed query, the learned counsel for the respondent has submitted that he has no objection if the appeal is heard on merit.

That being so, the leave is granted to prefer the connected criminal appeal. The interlocutory application stands disposed of. Registry is directed to register the connected criminal appeal and list the same before this Court.

JUDGE

Comparing Assistant