Sri Raja Singh vs Sri Suresh Chandra Kalita And Anr
2022 Latest Caselaw 4721 Gua

                                                                              Page No.# 1/2

GAHC010254942019




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

                                    Case No. : Crl.L.P./95/2019

             SRI RAJA SINGH
             S/O- LATE HARJIT SINGH, R/O- MALIGAON, SHUTTLE GATE, NEAR
             KAMAKHYA SCHOOL, P.S. JALUKBARI, GUWAHATI- 781012, DIST.-
             KAMRUP(M), ASSAM.



             VERSUS

             SRI SURESH CHANDRA KALITA AND ANR
             S/O- LATE GUNARAM KALITA, R/O- MALIGAON, SHUTTLE GATE,
             RAILWAY QUARTER NO. 17B, EAST GOTANAGAR, INFRONT OF JOYA
             STORE, P.S. JALUKBARI, GUWAHATI-781012, DIST.- KAMRUP(M), ASSAM.

             2:THE STATE OF ASSAM
              REP. BY P.P.
             ASSAM

Advocate for the Petitioner   : MR. S K BHATTACHARYYA

Advocate for the Respondent : PP, ASSAM


                                            BEFORE
                        HON'BLE MRS. JUSTICE MALASRI NANDI
                                             ORDER

30.11.2022 Heard Mr B Sinha, learned counsel for the petitioner and Ms N Das, learned Additional Public Prosecutor for the State of Assam/respondent No. 2. Also heard Mr B Borah, learned counsel for the respondent No. 1.

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The petitioner has preferred this leave petition under Section 378 (4) of the Code of Criminal Procedure, 1973, for grant of Special Leave to file appeal against the Judgment and order dated

17.08.2019, passed by the learned SDJM(S)-II, Kamrup (M), in CR Case No. 2442 c/2012, whereby the accused has been acquitted.

It is submitted by the learned counsel for the petitioner that the grounds on which this petition has been filed have been reflected in paragraphs-4 and 5, which are sufficient to consider the leave petition to file appeal.

On the other hand, learned counsel for the respondent has made no objection on the prayer made by the petitioner.

Prayer of the petitioner is allowed.

Accordingly, the criminal leave petition is allowed, granting leave to file appeal against the Judgment and Order, as aforesaid.

The Criminal Leave Petition stands disposed of.

Registry is directed to register the appeal and list the matter after the ensuing Winter Vacation.

JUDGE

Comparing Assistant