Baharul Islam vs The State Of Assam And Anr
2022 Latest Caselaw 3709 Gua

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GAHC010193312021




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

                                 Case No. : Crl.L.P./21/2021

            BAHARUL ISLAM
            S/O MD. MINAR ALI, R/O SURADI, P.S.-NALBARI, DIST- NALBARI, ASSAM,
            PIN-788801



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MD. JAMAL HUSSAIN
             S/O LATE TAJAMUL HUSSAIN
             R/O NIZ BANEKUCHI
             P.O.-BANEKUCHI
             DIST AND P.S.-NALBARI
             PIN-78134

Advocate for the Petitioner   : MR. A Y CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 21/09/2022

Heard Mr. T.A. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Das, learned counsel for the respondent No.2.

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This is an application filed under Section 378(5) of the Cr.P.C. for granting leave to file an appeal against the judgment and order dated 15.09.2021 passed by the learned Chief Judicial Magistrate, Nalbari in NI Act Case No.63/2019, whereby the respondent No.2 was acquitted.

The petitioner has stated the ground in paragraph 4 of the petition as to why he has preferred this application to file an appeal.

On the other hand, the learned counsel for the respondent has made no objection to the aforesaid prayer for granting leave to file an appeal.

Hence, this leave petition is allowed.

Registry is directed to register the connected appeal.

The petitioner is directed to submit the memo of appeal and the connected papers to the respondents within three days and list the matter in the admission column.

JUDGE

Comparing Assistant