Dithakananda Hazarika vs The State Of Assam And Anr
2023 Latest Caselaw 2326 Gua

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GAHC010119822022




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

                                 Case No. : Crl.L.P./41/2022

             DITHAKANANDA HAZARIKA
             S/O LATE SADANANDA HAZARIKA
             RESIDENT OF BELTOLA TINIALI, PS HATIGAON, GUWAHATI , DIST
             KAMRUP M ASSAM 781028



             VERSUS

             THE STATE OF ASSAM AND ANR.
             REPRESENTED BY PP ASSAM

             2:SRI BIKASH DAS

             S/O LATE PANIRAM DAS
             RESIDENT OF VILLAGE NO. 2
             KALAIGAON
             PS KALAIGAON
             DIST UDALGURI ASSAM

Advocate for the Petitioner   : MR. A GANGULY

Advocate for the Respondent : PP, ASSAM



                                          BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                          ORDER

02.06.2023 Heard Mr A Ganguly, learned counsel for the petitioner and Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam/respondent No. 1. None appears for the Page No.# 2/2

the respondent No. 2.

The petitioner has preferred this application under Section 378 (3) CrPC, seeking leave of this Court to file criminal appeal against the Judgment and Order dated 31.12.2021, passed by the learned JMFC, Udalguri, in G.R. Case No. 1145/2016 (PRC Case No. 1047 of 2019), whereby the respondent No. 2 was acquitted of the offences under Sections 294/354 IPC.

It is submitted by the learned counsel for the petitioner that he has mentioned the grounds taken by the learned Magistrate to acquit the accused/respondent in this petition. I have gone through the same as well as the leave petition.

So, considering the submission of the learned counsel for the petitioner, the leave is granted to file criminal appeal against the order of acquittal, passed by the learned JMFC, Udalguri.

Interlocutory Application stands disposed of. Registry is directed to register the criminal appeal and list the matter in the admission column.

JUDGE

Comparing Assistant