Allowed leave to appeal against acquittal under Section 419(4) BNSS and directed registry to register the criminal appeal for admission.
Leave to appeal against the acquittal judgment and order dated 24/6/2019 is granted; matter to be registered and listed for admission.
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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GAHC010203642019
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./85/2019
SRI ASHOK JHA
S/O- LATE NARAYAN JHA, R/O- RAJABARI, P.O. RAJABARI, P.S. AND DIST.JORHAT, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR REP. BY THE P.P., ASSAM.
2:SRI RITESH CHOURASIA S/O- OM PRAKASH CHOURASIA R/O- RAI BAHADUR LANE P.O. JORHAT (BHOGDOIMUKH S.O.) P.S. AND DIST.- JORHAT ASSAM PIN- 785001
Advocate for the Petitioner : MR. P P DUTTA, MR. A BORUA,MR T GOGOI Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
14.09.2026
Heard Ms. P. K. Das, learned counsel appearing for the petitioner who by invoking the provisions under Section 378(4) of Cr.P.C. is seeking leave to appeal against a judgment and order dated 24/6/2019, passed by the learned CJM, Jorhat in
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CR (NI) Case No. 19 of 2017 whereby the respondent No.2 was acquitted.
Learned counsel has drawn attention to the previous order and the office note about completion of service upon the respondent No.2. However, despite the elapse of time since then, none has appeared on behalf of the same.
It is submitted by the learned counsel that the applicant who was the complainant is aggrieved by the appeal and that good grounds whould be adduced in the appeal in support of his contention that the acquittal was perhaps unjustified.
Heard Mr. M.P. Goswami, learned counsel for response No.1.
In exercise of power under Section 419(4) BNSS the plea to file appeal against the aforementioned judgment is hereby allowed.
Leave application is allowed and disposed.
Registry to register the connected the criminal appeal and list the matter for admission.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether leave to appeal under Section 419(4) BNSS against acquittal can be granted.
2 provisions across 2 enactments
SRI ASHOK JHA
THE STATE OF ASSAM AND ANR
PRANJAL DAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
