Page No.# 1/3 GAHC010197592025 2025:GAU-AS:11974 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./42/2025 NANI BHUSAN DEB S/O. LT. GOPESH CHANDRA DEB, RETIRED SENIOR ASSISTANT, M.M.M.C. GIRLS H.S. SCHOOL, KARIMGANJ, SARADA PALLY (MALIPARA), WARD NO. 3, P/O. AND P/S. SRIBHUMI, ASSAM, PIN-788710. VERSUS MRINAL KANTI ROY AND ANR. S/O. LT. NALINI MOHAN ROY RETIRED SUBJECT TEACHER AND I/C PRINCIPAL, M.M.M.C, GIRLS H.S SCHOOL, KARIMGANJ, DIST. SRIBHUMI, ASSAM, PIN-788710 2:THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : R SAHA, Advocate for the Respondent : , Linked Case : ST.Rev./0/0 NANI BHUSAN DEB ASSAM VERSUS MRINAL KANTI ROY ASSAM Page No.# 2/3 ------------ Advocate for : RAJA SAHA Advocate for : appearing for MRINAL KANTI ROY BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 03-09-2025 Heard Mr. R. Saha, learned counsel for the applicant and Mr. R.R. Kaushik, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 419(4) BNSS, for granting Special Leave to file appeal against acquittal against the impugned judgment and order dated 25.06.2025, passed by the learned CJM, Sribhumi in C R Case No. 620/2017. 3. It is submitted by Mr. Saha, learned counsel that the learned Trial Court had not considered the evidences of PWs 2 and 3, who are the vital witnesses and also the independent witness of the case and without properly appreciating the evidence on record, arrived at a wrong decision acquitting the respondent from C.R. Case No. 620/2017, which was registered under SEctio 409/166/427 IPC. 4. Being aggrieved with the said impugned judgment dated 25.06.2025, passed by the learned CJM, Sribhumi in C R Case No. 620/2017, the present application has been filed seeking special leave to prefer an appeal. 5. Considering the submission of the learned counsel for the applicant and other aspects of the, the present leave petition is allowed. Page No.# 3/3 6. Registry is directed to register and number the connected appeal and to list the same before the appropriate Bench, on a date to be fixed by it. JUDGE Comparing Assistant