Pratima Das vs The State Of Assam And Anr
2022 Latest Caselaw 3946 Gua

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GAHC010053362021




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

                                  Case No. : Crl.L.P./5/2021

            PRATIMA DAS
            W/O- LATE MOHAN DAS, R/O- VILL.- BOR NASATRA, P.O., P.S. AND DIST.-
            MORIGAON, ASSAM, PIN- 782105.

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR, ASSAM
            2:RIDIP DEKA
             S/O- SRI PRABHAT CH. DEKA
             R/O- VILL.- PACHATIA
            WARD NO. 2
             P.O., P.S. AND DIST.- MORIGAON
            ASSAM, PIN- 782105

Advocate for the Petitioner   : MR. P D NAIR

Advocate for the Respondent : PP, ASSAM

             Linked Case :

            PRATIMA DAS

             VERSUS

            THE STATE OF ASSAM AND ANR. F

            ------------
            Advocate for : MR. P D NAIR
            Advocate for : appearing for THE STATE OF ASSAM AND ANR. F
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                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

Date : 29.9.2022

This is an application u/s 378(4) of the Cr.P.C. praying for leave of this Hon'ble Court to prefer a criminal appeal against the impugned judgment and order dated 17.3.2020 passed in Crl Appl. No. 36/2016 by the learned Sessions Judge, Morigtaon.

Mr. A. Alam, learned counsel for the respondent No.2 submits that learned court below has rightly passed the order and hence no leave should be granted.

Considering the rival submission and also after perusal of the grounds of leave, this court is of the considered opinion that this is a fit case where leave to appeal should be granted. Accordingly leave is granted.

Crl. Leave petition stands disposed of. Registry to verify the papers of the connected appeal, if the same are in order and not defective. Appeal be registered and thereafter be listed for hearing after Puja vacation.

JUDGE

Comparing Assistant