Page No.# 1/3 vs Mrinal Kanti Roy And Anr
2025 Latest Caselaw 6989 Gua

Gauhati High Court

Page No.# 1/3 vs Mrinal Kanti Roy And Anr on 3 September, 2025

                                                                      Page No.# 1/3

GAHC010197592025




                                                                2025:GAU-AS:11974

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

                                  Case No. : Crl.L.P./42/2025

            NANI BHUSAN DEB
            S/O. LT. GOPESH CHANDRA DEB, RETIRED SENIOR ASSISTANT, M.M.M.C.
            GIRLS H.S. SCHOOL, KARIMGANJ, SARADA PALLY (MALIPARA), WARD
            NO. 3, P/O. AND P/S. SRIBHUMI, ASSAM, PIN-788710.

            VERSUS

            MRINAL KANTI ROY AND ANR.
            S/O. LT. NALINI MOHAN ROY
            RETIRED SUBJECT TEACHER AND I/C PRINCIPAL, M.M.M.C, GIRLS H.S
            SCHOOL, KARIMGANJ, DIST. SRIBHUMI, ASSAM, PIN-788710

            2:THE STATE OF ASSAM
             REP. BY THE PP
            ASSAM

Advocate for the Petitioner   : R SAHA,

Advocate for the Respondent : ,




             Linked Case : ST.Rev./0/0

            NANI BHUSAN DEB
            ASSAM


             VERSUS

            MRINAL KANTI ROY
            ASSAM
                                                                         Page No.# 2/3



            ------------
            Advocate for : RAJA SAHA
            Advocate for : appearing for MRINAL KANTI ROY



                                       BEFORE
               HON'BLE MRS. JUSTICE MITALI THAKURIA

                                        ORDER

03-09-2025

Heard Mr. R. Saha, learned counsel for the applicant and Mr. R.R. Kaushik, learned Additional Public Prosecutor, for the State respondent.

2. This is an application under Section 419(4) BNSS, for granting Special Leave to file appeal against acquittal against the impugned judgment and order dated 25.06.2025, passed by the learned CJM, Sribhumi in C R Case No. 620/2017.

3. It is submitted by Mr. Saha, learned counsel that the learned Trial Court had not considered the evidences of PWs 2 and 3, who are the vital witnesses and also the independent witness of the case and without properly appreciating the evidence on record, arrived at a wrong decision acquitting the respondent from C.R. Case No. 620/2017, which was registered under SEctio 409/166/427 IPC.

4. Being aggrieved with the said impugned judgment dated 25.06.2025, passed by the learned CJM, Sribhumi in C R Case No. 620/2017, the present application has been filed seeking special leave to prefer an appeal.

5. Considering the submission of the learned counsel for the applicant and other aspects of the, the present leave petition is allowed.

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6. Registry is directed to register and number the connected appeal and to list the same before the appropriate Bench, on a date to be fixed by it.

JUDGE

Comparing Assistant