Md. Firoj Ali vs The State Of Assam And Anr
2025 Latest Caselaw 1537 Gua

Gauhati High Court

Md. Firoj Ali vs The State Of Assam And Anr on 28 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010244982023




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

                                   Case No. : Crl.L.P./44/2023

            MD. FIROJ ALI
            S/O LATE ABDUL MANNAF,
            VILL.- RAMPUR, P.O.- RAMPUR, P.S.- MUKALMUA, DIST.- NALBARI,
            ASSAM, PIN- 781126.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            THROUGH THE PUBLIC PROSECUTOR.

            2:MD. MAZIBAR RAHMAN
             S/O LATE JAMIN ALI

            VILL.- SONAPUR
            P.O.- MUGDI
            P.S.- MUKALMUA
            DIST.- NALBARI
            ASSAM
            PIN- 781338

Advocate for the Petitioner   : MS. N S THAKURIA, MR. G K THAKURIA

Advocate for the Respondent : PP, ASSAM, MR. N J DUTTA (R2),MR N AHMED (R-2),MR. M M
ZAMAN (R-2),MR A BASUMATARY (R-2),MR. K D SARMA




             Linked Case : Crl. A. No. 11260/2023 (Filing Number)
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            FIROJ ALI



            VERSUS

            THE STATE OF ASSAM AND ANR. B



            ------------

Advocate for : MS. N S THAKURIA Advocate for : appearing for THE STATE OF ASSAM AND ANR. B

BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY

28/07/2025

Heard Ms. N S Thakuria, learned counsel for the appellant and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. A Basumatary, learned counsel for the respondent No. 2.

The instant criminal leave petition was filed under Section 378(4) of Code of Criminal Procedure, 1978 seeking leave to prefer an appeal against the judgment and order dated 29.08.2023 passed by the Court of learned Sessions Judge, Nalbari in Criminal Appeal No. 23/2022.

In a recent decision in Celestium Financial Vs. A Gnanasekaran Etc. reported in 2025 SCC OnLine SC 1320, the Hon'ble Supreme Court of India has framed the following questions:

"2.1. The central issue arising for adjudication in the instant appeals is, whether an appeal would be maintainable under the proviso to Section 372 of the Criminal Procedure Code, 1973 (for short, "Cr.P.C.") against an order of acquittal passed in a case instituted upon a private complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act"), by treating the complainant in such a proceeding as a Page No.# 3/3

victim within the meaning ascribed to the term under Section 2 (wa) of the Cr.P.C."

In answering the question, the Hon'ble Supreme Court of India in paragraph 10 of the said judgment has held that the victim of offence has the right to prefer an appeal under the proviso to Section 372 of the Cr.P.C., irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-Section (4) of Section 378 of the Cr.P.C.

In view of the proposition of law laid down in the afore-stated manner, the present leave petition is disposed of accordingly.

The Registry to register the connected appeal and thereafter, to list the same for admission accordingly.

JUDGE

Comparing Assistant