Smti Nandita Sarkar vs State Of Assam And 2 Ors
2021 Latest Caselaw 2595 Gua

                                                                          Page No.# 1/2

GAHC010164072017




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

         Case : I.A.(Crl.)/651/2017

         SMTI NANDITA SARKAR

         D/O SRI GOPAL SARKAR
         VILL. KIRTAN PARA PT-II
         P.S. ABHAYAPURI
         DIST. BONGAIGAON
         ASSAM.


          VERSUS

         STATE OF ASSAM and 2 ORS


         2:TARUN MANDAL

         S/O SRI SUBHASH MANDAL
         3:SMTI CHANDANA MANDAL
         D/O SRI SUBHASH MANDAL
         4:BIMAL MANDAL

         S/O SRI SUBHASH MANDAL
         5:ARUN MANDAL
         S/O SRI SUBHASH MANDAL
         6:SUBHASH MANDAL
         S/O LATE HARIRAM MANDAL
         ALL ARE R/O VILL. SERFANGURI
         P.S. SERFANGURI
         DIST. KOKRAJHAR
         ASSAM.
         ------------
         Advocate for : MR. A DASGUPTA
         Advocate for : PP ASSAM appearing for STATE OF ASSAM and 2 ORS
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                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : 28-10-2021 Suman Shyam, J

Heard Mr. A. Dasgupta, learned Sr. counsel assisted by Ms. D. Das, learned counsel for the applicant. We have also heard Ms. M. Das, learned Addl. P.P. Assam appearing on behalf of the State. None has appeared for the respondent Nos. 2 and 3 although the name of the counsel is shown in the cause list.

This I.A. has been preferred seeking leave to file an appeal against the order of acquittal. The father of the victim, who is the informant in this case, is the petitioner.

Perused the grounds taken in the application.

Mr. Dasgupta submits that the appeal preferred by the victim against the same judgment and order has already been admitted.

Considering the facts and circumstances of the case as well as the grounds taken in the I.A., we are of the view that the present is a fit case where leave should be granted.

In view of the above, leave to prefer the appeal is hereby granted.

Registry to list the appeal for admission.

I.A. stands disposed of.

                           JUDGE                        JUDGE
GS




Comparing Assistant