M/S Gupta Hardware Pvt Ltd vs The State Of Assam
2025 Latest Caselaw 9782 Gua

Gauhati High Court

M/S Gupta Hardware Pvt Ltd vs The State Of Assam on 19 December, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                     Page No. 1/2

GAHC010132482016




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

                           Case No. : Crl.A./440/2025

         M/S GUPTA HARDWARE PVT LTD
         A PRIVATE LIMITED COMMPANY REGISTERED UNDER THE COMPANIES
         ACT 1956, (AS AMENDED UPTO-DATE)
         REPRESENTED BY SRI MANAB LAHKAR, MANAGER, OF THE COMPANY
         HAVING ITS REGISTERED OFFICE SITUATED AT DR. R.P. ROAD,
         GANESHGURI CHARIALI, DISPUR, GUWAHATI - 6, P.O. AND P.S. - DISPUR
         (ASSAM SACHIBALAYA),
         DIST - KAMRUP(M), ASSAM

         VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY PP, ASSAM

         2:M/S MAGUS CONSTRUCTION PVT. LTD
         A PRIVATE LIMITED COMPANY
          REGISTERED UNDER SECTION THE COMPANIES ACT
          1956 (AS AMENDED UPTO-DATE)
         AT ITS ADDRESS AT C/O HOUSE NO. 7
          GROUND FLOOR
         AMRABATI PATH
          CHRISTIAN BASTI
          P.O. - DISPUR S.O.
          P.S. - BHANGAGARH
          GUWAHATI - 6
          DIST - KAMRUP(M)
         ASSAM

         3:SRI ANUP KUMAR NATH @ A.K. NATH
          DIRECTOR
          M/S MAGUS CONSTRUCTION PVT. LTD.
         AT ITS ADDRESS AT C/O - HOUSE NO. 7
          GROUND FLOOR
         AMRABATI PATH
                                                                                    Page No. 2/2

             CHRISTIAN BASTI
             P.O. - DISPUR S.O.
             P.S. - BHANGAGARH
             GUWAHATI - 6
             KAMRUP(M)
             ASSAM

Advocate for the Petitioner   : MR.M K NATH, MS.P BURAGOHAIN

Advocate for the Respondent : PP, ASSAM, ,

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

Date : 19.12.2025

Heard Ms. B. Gupta, learned counsel for the appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

The present criminal appeal under Section 419[4], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is directed against a Judgment and Order dated 08.04.2016 passed by the Court of Judicial Magistrate, First Class, Kamrup [Metro], Guwahati ['the Trial Court'] in C.R.

Case no. 2468C/2010. The Special Leave to Appeal under Section 419[5], BNSS is granted on 02.12.2025 in Criminal Leave Petition no. 51/2016. By the impugned Order dated 02.12.2025,

the respondent, who was the accused in C.R. Case no. 2468C/2010 has been acquitted.

I have gone through the grounds urged in the memo of appeal. The criminal appeal is admitted for hearing.

Let the TCR be called for.

Issue notice returnable on 16.02.2026.

As Mr. Goswami has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with. The petitioner shall serve an extra copy of the petition along with annexures, to Mr. Goswami within 2 [two] working days from today.

JUDGE

Comparing Assistant