Court granted leave to the applicant to file a criminal appeal challenging his acquittal and liberty. Registry directed to register appeal and list for admission hearing.
Leave granted to prefer appeal against acquittal. Registry directed to register attached appeal and list it for admission hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010218412024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./42/2024
MD. SIRAJ HAQUE
S/O. LATE ABDUL KADER, R/O. VILL.- PALLIRTAL, P/S. JOGIGHOPA, DIST.BONGAIGAON, ASSAM.
VERSUS
BISWAJIT MAHANTA S/O. LATE B. MAHANTA, C/O.- M/S. S.C.M. SECURITY SERVICES, BAJEJAMA PAKHIHAGA, P/S. DINHATA, DIST.- COOCH BEHAR, WEST BENGAL. R/O. VILL- SATIPUR, P/S. DALIGAON, DIST.- CHIRANG, BTAD, ASSAM.
Advocate for the Petitioner : MR. D K KOTHARI, MR P DAS,MR P PRAWAR,MR Y KOTHARI,MR. N KOTHARI
Advocate for the Respondent : ,
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 08.11.2024
Heard Mr. D.K.Kothari, learned counsel for the applicant herein.
By this application under Section 419 (4) of the BNSS, 2023, the applicant
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has prayed for grant of leave to appeal against the impugned judgment and order dated 16.08.2024 passed by the learned Addl.CJM, Bongaigaon in NICR No. 12/2011 whereby the applicant was acquitted and set at liberty.
Upon consideration of the averments made in the application along with the grounds of appeal cited in the memo of appeal, the matter needs adjudication and as such, the application stands allowed.
Leave is hereby granted to prefer the appeal against the above noted impugned judgment and order.
Registry is directed to register the connected appeal and list the same for admission hearing on a date to be fixed by the Registry.
Criminal Leave Petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether leave to file a special leave petition challenging acquittal needs to be granted under the BNSS
1 provisions across 1 enactments
Md. Siraj Haque
Biswajit Mahanta
Malasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
