Bhusan Jyoti Saharia vs Dipjyoti Saharia
2022 Latest Caselaw 4745 Gua

                                                               Page No.# 1/3

GAHC010101602022




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

                                 Case No. : Crl.L.P./63/2022

            BHUSAN JYOTI SAHARIA
            S/O LATE BHUPENDRA SAHARIA,
            R/O WARD NO. 9, BHEBARGHAT,
            P.S.- MANGALDAI,
            DIST.- DARRANG, ASSAM, PIN-



            VERSUS

            DIPJYOTI SAHARIA
            S/O LATE UPEN SAHARIA,
            R/O WARD NO. 9, BHEBARGHAT,
            P.S.- MANGALDAI,
            DIST.- DARRANG, ASSAM, PIN-



Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent :




             Linked Case :

            BHUSAN JYOTI SAHARIA



             VERSUS
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          DIPJYOTI SAHARIA B



          ------------
          Advocate for : MR H R A CHOUDHURY
          Advocate for : appearing for DIPJYOTI SAHARIA B



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 02.12.2022

Heard Mr. I. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the respondent.

It has been submitted by the learned counsel for the petitioner that though he earlier filed a petition to grant leave to file an appeal against the judgment of acquittal dated 28.03.2022 passed by the ld. CJM, Darrang in NIR case No. 08/2017. But subsequently it has come to the knowledge that on question of need for victim to apply for leave to appeal against the order of acquittal while preferring an appeal under Section 372 Cr.P.C, proviso, there is no need for a victim to apply for leave to appeal.

In support of his submission, the learned counsel for the petitioner has placed reliance on the following case laws- (i) (2019) vol.2 SCC 752 Mallikarjun Kodagali(dead) represented through legal representatives -vs- State of Karnataka and Ors. (ii) AIR 2022 SC 670 (Joseph Stephen and Ors. -vs- Santhanasamy and Ors.).

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The learned Additional Public Prosecutor also appreciated the submission made by the learned counsel for the petitioner that now a days, leave petition is not required to be filed for filing an appeal against the order of acquittal.

Considering the submission made by the learned counsels for the parties, the prayer of the petitioner is allowed.

The Registry is directed to register the connected appeal and list it for admission column.

In view of above, the present leave petition stands disposed of.

JUDGE

Comparing Assistant