Page No.# 1/3 GAHC010123462025 2025:GAU-AS:8301-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./30/2025 MOHIR UDDIN SHEIKH S/O. LT. ALIP UDDIN SK, R/O. VILL.- CHAIBARI MUSLIMPARA, P/S. LAKHIPUR, DIST GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE PP, ASSAM. 2:KHOKA SHEIKH S/O. LT. HOBIBOR 3:MOTLEB ALI S/O. LT HOBIBOR R/O. KAI MARI P/S. LAKHIPUR DIST. GOALPARA ASSA Advocate for the Petitioner : MR Z HUSSAIN, MR. S HUSSAIN,MR. M HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 20.06.2025 Page No.# 2/3 [Manish Choudhury, J] Heard Mr. Z. Hussain, learned counsel for the applicant and Ms. S.H. Bora, learned Additional Public Prosecutor, Assam for the opposite party-respondent State. 2. The instant application seeking grant of special leave has been filed to file a criminal appeal under Section 419 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 against a Judgment and Order dated 21.12.2024 passed by the Court of learned Sessions Judge, Goalpara in Sessions Case no. 214/2014. In the trial of Sessions Case no. 214/2014, the opposite party no. 2 & 3 faced the trial for charges under Sections 341/326/34, Indian Penal Code [IPC] and the learned Sessions Court by the Judgment and Order dated 21.12.2024, has acquitted the opposite party nos. 2 & 3 from the said charges. 3. On perusal of the Judgment and Order dated 21.12.2024, we find that the applicant herein was the informant who lodged a First Information Report [FIR] on 11.07.2010, and on the basis of the said FIR, Lakhipur Police Station Case no. 218/2010 was registered for offences under Sections 341/326/34, IPC. In the FIR, the informant-applicant alleged assault on his son by the accused persons. On submission of a charge-sheet against the opposite party nos. 2 & 3 herein for the offences under Sections 341/302/34, IPC, sessions trial had commenced and thereafter, the Judgment and Order of acquittal was passed. 4. Special leave to file an appeal under Section 419 of the BNSS, 2023, which is pari materia to Section 378, CrPC, is necessary in the event the case has been instituted on the basis of complaint, which is not the case here. 5. As per the proviso to Section 413 of the BNSS, 2023 which is pari materia to Section 372, CrPC, no leave, not to speak of any special leave, is required for a victim to prefer an appeal against any order passed by the learned court acquitting the accused or convicting the accused for a lesser offence or imposing an inadequate compensation. 6. In view of such position of law, the instant application styled as a leave petition Page No.# 3/3 seeking leave to appeal does not require any adjudication and the same stands closed. JUDGE JUDGE Comparing Assistant