Bhusan Jyoti Saharia vs Baranyajyoti Saharia
2022 Latest Caselaw 4751 Gua

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GAHC010101622022




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

                                 Case No. : Crl.L.P./31/2022

            BHUSAN JYOTI SAHARIA
            S/O LATE BHUPENDRA SAHARIA, RESIDENT OF WARD NO. 9,
            BHEBARGHAT, PS MANGALDAI,D ST DARRANG ,ASSAM



            VERSUS

            BARANYAJYOTI SAHARIA
            S/O LATE UPEN SAHARIA,
            RESIDENT OF WARD NO. 9, BHEBARGHAT, PS MANGALDAI,DIST
            DARRANG ,ASSAM



Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent :




                                   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.

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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. 09/2017. 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.).

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.

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Comparing Assistant