Bijumoni Bayan vs The State Of Assam And Anr
2025 Latest Caselaw 1653 Gua

Gauhati High Court

Bijumoni Bayan vs The State Of Assam And Anr on 31 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010061372025




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

                                 Case No. : Crl.Rev.P./92/2025

            BIJUMONI BAYAN
            W/O SRI DHRUBA BAYAN
            VILL- MAJARKHAT, P.O. ATHIYABARI, P.S. MUSHALPUR, DISTRICT-
            BAKSA, BTAD, ASSAM,PIN-781377



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP, ASSAM

            2:RAHUL NATH
             S/O BIREN NATH
            R/O VILL- MAJARKHAT
             P.O. ATHIYABARI
             P.S. MUSHALPUR
             DISTRICT- BAKSA
             BTAD
            ASSAM
            PIN-78137

Advocate for the Petitioner   : MD. B HUSSAIN, MR A H TOUFIQ

Advocate for the Respondent : PP, ASSAM,
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 31-07-2025

Heard Mr. B. Hussain, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent on. 1, State of Assam.

2. The instant revision petition under Section 397, Code of Criminal Procedure, 1973 ['CrPC', for short] is preferred against a Judgment and Order dated 20.12.2024 passed by the Court of learned Chief Judicial Magistrate, Baksa, Mushalpur in Case no. PRC-60/2021. In the trial of Case no. PRC- 60/2021, charges under Section 447, Section 323 and Section 354 of the Indian Penal Code [IPC] were framed against the accused. By the Judgment and Order dated 20.12.2024, while the accused person has been convicted for the offences under Section 447, IPC and Section 323, IPC, he has been acquitted from the charge under Section 354, IPC.

3. Aggrieved by and dissatisfied with the acquittal of the accused person from the charge under Section 354, IPC, the petitioner has preferred the instant revision petition.

4. Mr. Hussain, learned counsel for the petitioner has submitted that in view of the provisions contained in Section 413, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 [earlier, Section 372, CrPC] read with Section 415[3], BNSS [earlier, Section 374[3], CrPC], an appeal lies. Therefore, the petitioner wants to withdraw the instant revision petition in order to prefer an appeal before the appropriate appellate court.

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5. In view of the above submission made by Mr. Hussain, learned counsel for the petitioner, this revision petition is dismissed on withdrawal reserving the liberty to the petitioner to prefer an appeal before the appropriate appellate court.

JUDGE

Comparing Assistant