Allowed¶27

M/S. Assam Trade and Agencies v. the State of Assam and Anr.

Gauhati HC16 Jul 2026Crl.L.P./13/2026

Case brief

AI extract

What is this about?

Special leave to appeal by complainant under S.419(4) BNSS 2023 against acquittal dated 22.01.2026 by Additional Chief Judicial Magistrate, Barpeta in N.I Case No.47/2019; leave granted, Registry to register connected appeal. Parties: M/s Assam Trade and Agencies (proprietor Durgesh Chand Choudhury) v. State of Assam and Binoy Chouhan. Bench: Susmita Phukan Khaund, J. Counsel: Dilip Dey for applicant; Darak Ullah Amicus Curiae for respondent no.2; P.S. Laskar APP for State.

What did the court decide?

Special leave granted to the complainant to prefer an appeal against respondent no.2; Registry directed to register the connected appeal; application stands disposed of. ¶27

M/S. Assam Trade and Agencies Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

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GAHC010074662026

2026:GAU-AS:9768

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

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Case No. : Crl.L.P./13/2026

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M/S. ASSAM TRADE AND AGENCIES

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REPRESENTED BY ITS PROPRIETOR, SRI DURGESH CHAND CHOUDHURY, SON OF LATE RAM AVTAR CHOUDHURY, RESIDENT OF ARYANECK LANE NO.II OF BARPETA ROAD TOWN, P.O. AND P.S. BARPETA TOWN, DISTRICT BARPETA, ASSAM. MOBILE NO. 9435123974

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VERSUS

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THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:SRI BINOY CHOUHAN S/O. LATE DIPEN CHOUHAN MAIN BAZAR OPP. BASIC TRAINING CENTRE P.S. - KOKRAJHAR DISTRICT - KOKRAJHAR ASSA

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Advocate for the Petitioner : MR. DILIP DEY,

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Advocate for the Respondent : PP, ASSAM, DARAK ULLAH(AMICUS CURIAE, R2)

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Linked Case : ST.Rev./0/0

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MS ASSAM TRADE AND AGENCIES REPRESENTED BY ITS PROPRIETOR SRI DURGESH CHAND CHOUDHURY

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SON OF LATE RAM AVTAR CHOUDHURY RESIDENT OF ARYANECK LANE NO.II OF BARPETA ROAD TOWN P.O. P.S. BARPETA TOWN DISTRICT BARPETA ASSAM. MOBILE NO. 9435123974

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VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SRI BINOY CHOUHAN S/O. LATE DIPEN CHOUHAN MAIN BAZAR OPP. BASIC TRAINING CENTRE P.S. - KOKRAJHAR DISTRICT - KOKRAJHAR ASSAM -----------Advocate for : MD TAIZUDDIN SK Advocate for : appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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17.07.2026

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Learned counsel, Mr. D. Dey is present for the applicant.

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M/s. Assam Trade and Agencies, who has filed this application u/s 419(4) of BNSS, 2023 with prayer for special leave to prefer an appeal by the complainant against the respondent no.2. The complainant/applicant, namely, M/s. Assam Trade and Agencies represented by Sri Durgesh Chand Choudhury is aggrieved by the judgment and order of acquittal dated 22.01.2026, passed by the learned Additional Chief Judicial Magistrate, Barpeta in N.I Case No.47/2019.

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Learned Amicus Curiae, Mr. Darak Ullah is present for the accused/respondent no.2 and Mr. P.S. Laskar, learned Additional Public Prosecutor for the State is present.

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It is submitted on behalf of the appellant/applicant that he has been highly prejudiced by the order of acquittal and that he has a good case.

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I have considered the submissions made at the Bar.

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The petition with prayer for leave is allowed.

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Registry to register the connected appeal.

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In terms of above observation, this application stands disposed of.

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JUDGE