The High Court disposed of an application seeking special leave to prefer an appeal under Section 378(4) Cr.P.C. against an acquittal, finding the petitioner had good grounds for the appeal.
Liberty granted to the petitioner to prefer the appeal as sought; Registry directed to register the appeal and list it after two weeks.
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GAHC010182772019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P. 64/2019
1:SMTI. HEMALATA DAS
W/O- SRI NRIPEN KALITA, R/O- HOUSE NO. 25, PUB GEETANAGAR, HARIPUR, NO. 2 MOTHGHORIA, P.O. AND P.S. NOONMATI, DIST.KAMRUP(M), ASSAM, PIN- 781020.
VERSUS
1:THE STATE OF ASSAM AND ANR REP. BY THE P.P., ASSAM.
2:SRI NRIPEN KALITA S/O- LATE HARKANTA KALITA R/O- VILL.- HEMDOL PASCHIM BORIGOG P.S. KALYAN DIST.- KAMRUP ASSAM PIN- 781354
Advocate for the Petitioner : MR. S BIKASH Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 04-09-2019
Heard learned counsel for the petitioner.
By way of this application under Section 378(4) of the Cr.P.C., the petitioner has sought for
special leave to prefer the appeal against the order of acquittal that has been passed by the
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learned Sessions Judge, Kamrup(M) in Crl. A. No.169/2018 by setting aside the impugned judgment and order of conviction dated 04.10.2018 passed in CR Case No.1592C /14 by Judicial Magistrate 1st Class, Kamrup(M), Guwahati.
Considered the submission of the learned counsel for the petitioner and the documents annexed including the judgment and order of the court below.
Having regard to the submission made and the materials on record and the impugned judgment it appears that the petitioner has good ground to prefer the appeal against the order of acquittal. In terms of the decision rendered in Mallikarjun Kodagli vs State of Karnataka and others reported in (2019) SCC 752 where it is stated that leave is not required to prefer the appeal in case of complainant/the aggrieved person in the High Court.
This petition is accordingly stands disposed of with liberty to the petitioner to prefer the appeal as sought for.
Registry is directed to register the appeal and list the same after two weeks.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner has sufficient ground to prefer the appeal against the order of acquittal under Section 378(4) of the Cr.P.C.
Colour shows how this judgement treated each authority
Mallikarjun Kodagli vs State of Karnataka and othersExplained¶20
Mallikarjun Kodagli vs State of Karnataka and others reported in (2019) SCC 752 · Who else cites this
1 provisions across 1 enactments
Hemalata Das
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
