Citation : 2022 Latest Caselaw 4185 Gua
Judgement Date : 31 October, 2022
Page No.# 1/2
GAHC010309182019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./3/2020
MD. MAJID ALI
S/O- MUSLIMUDDIN, R/O- BAHABARI, P.O. AND P.S. KHARUPETIA, DIST.-
DARRANG, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY P.P., ASSAM
2:JAKIR HUSSAIN
S/O- ABDUL REJJAK
R/O- BAHABARI
P.O. AND P.S. KHARUPETIA
DIST.- DARRANG
ASSAM
PIN- 784115
Advocate for the Petitioner : MR H GUPTA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 31-10-2022
Heard Mr. N. Hoque, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Addl. P.P. for the State respondent No. 1.
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Learned counsel for the petitioner submits that by this application under Section 378(3) of the Cr.P.C. the petitioner prays for special leave to appeal against the judgment and order of acquittal dated 19.09.2019 passed by the learned Sessions Judge, Darrang, Mangaldai in Criminal Appeal No. 25(D-
2)/2018.
It is submitted that as the appeal has been preferred by the victim himself under Section 372 Cr.P.C., leave is not required to file an appeal.
Ms. S. Jahan, learned Addl. P.P. contends that as the leave is not required, the Crl. L.P. may be disposed of on withdrawal.
Accordingly, the Crl. L.P. is disposed of.
Registry is directed to register the connected criminal appeal.
JUDGE
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