Smti Panchami Basumatary Mahato vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2230 Gua

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GAHC010021842017




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

                           Case No. : Crl.L.P./40/2017

         SMTI PANCHAMI BASUMATARY MAHATO,
         W/O SOHAN PRASAD MAHATO, C/O DR. B.C. GOGOI, R/O SONADHAR
         SENAPATI, H. NO. 0007, SILPUKHURI, GUWAHATI-3, P.S. CHANDMARI,
         DIST. KAMRUP ASSAM


         VERSUS

         THE STATE OF ASSAM and 4 ORS,


         2:ANTHONY RONGPI
          S/O LATE MONIRAM RONGPI
          R/O RONGNILANG
          DIPHU TOWN
          P.S. DIPHU
          DIST. KARBI ANGLONG ASSAM
          PIN 782460
          PRESENTLY RESIDING AT LACHIT NAGAR
          BYE LANE 4
          HOUSE NO. 4
          GUWAHATI-7
          P.S. PALTANBAZAR
          DIST. KAMRUP M

         3:AUGUSTINE RONGPI
          S/O LATE MONIRAM RONGPI
          R/O RONGNILANG
          DIPHU TOWN
          DIST. KARBI ANGLONG ASSAM
          PIN 782460 PRESENTLY RESIDING AT T.10.D PROTECH PARK
         HENGERABARI
          GUWAHATI 36
          P.O. P.S. DIPHU
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             DIST. KAMRUP M
             ASSAM.

             4:RICHARD RONGPI
              S/O LATE MONIRAM RONGPI
              R/O RONGNILANG
              DIPHU TOWN
              P.S. DIPUHU
              DIST. KARBI ANGLONG ASSAM
              PIN 782460

             5:HELENA KATHARPI

             W/O AUGUSTIN RONGPI
             RO RONGNILANG
             DIPHU TOWN
             P/S DIPHU
             DIST. KARBI ANGLONG ASSAM
             PIN 782460 PRESENTLY RESIDING AT T.10.D. PROTECH PARK
             HENGERABARI
             GUWAHATI 36
             P.O. DISPUR
             DIST. KAMRUP M
             ASSAM

Advocate for the Petitioner   : MS.R BEGUM

Advocate for the Respondent : MR.R ALAMR-4



                                      BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                        ORDER

29.05.2023 Heard Ms P Chakraborty, learned counsel for the petitioner and Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam/respondent No. 1. Also heard Mr N C Das, learned counsel appearing on behalf of respondent Nos. 2 to 5. The petitioner has preferred this application under Section 378 (4) CrPC, seeking leave of this Court to file criminal appeal against the Judgment and Order dated 21.11.2016, passed by the learned JMFC, Kamrup (M) at Guwahati, in Complain Case No. Page No.# 3/3

5801c/2008, , whereby the accused/respondent Nos. 2 to 5 were acquitted of the offences under Section 138 of the NI Act, under Sections 406/420/506/34 IPC.

It is submitted by the learned counsel for the petitioner that while deciding the allegation, the learned trial Court had held that the evidence of PW-2 shall not be considered. Since the complainant had not re-examined the PW-2, which is not a correct proposition of law, the finding as such arrived at by the learned JMFC, had resulted in acquittal of the accused respondent Nos. 2 to 5.

Learned counsel for the accused respondents has pointed out that as it is an appeal against order of acquittal, he has raised objection on the prayer, but however, he submitted that the leave application may be considered.

The grounds stated in the paragraph-4 of the petition are sufficient to allow the leave application.

Considering the submissions of the learned counsel for both the parties and as the learned counsel for the accused respondent Nos. 2 to 5, has made no objection to the prayer of the petitioner, the criminal leave petition stands allowed. Accordingly, the leave is granted to file the appeal.

Criminal Leave Petition stands disposed of.

Registry is directed to register the criminal appeal and list the matter in the admission column.

JUDGE

Comparing Assistant