Page No.# 1/3 GAHC010061372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./92/2025 BIJUMONI BAYAN W/O SRI DHRUBA BAYAN VILL- MAJARKHAT, P.O. ATHIYABARI, P.S. MUSHALPUR, DISTRICT- BAKSA, BTAD, ASSAM,PIN-781377 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM 2:RAHUL NATH S/O BIREN NATH R/O VILL- MAJARKHAT P.O. ATHIYABARI P.S. MUSHALPUR DISTRICT- BAKSA BTAD ASSAM PIN-78137 Advocate for the Petitioner : MD. B HUSSAIN, MR A H TOUFIQ Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 31-07-2025 Heard Mr. B. Hussain, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent on. 1, State of Assam. 2. The instant revision petition under Section 397, Code of Criminal Procedure, 1973 [‘CrPC’, for short] is preferred against a Judgment and Order dated 20.12.2024 passed by the Court of learned Chief Judicial Magistrate, Baksa, Mushalpur in Case no. PRC-60/2021. In the trial of Case no. PRC- 60/2021, charges under Section 447, Section 323 and Section 354 of the Indian Penal Code [IPC] were framed against the accused. By the Judgment and Order dated 20.12.2024, while the accused person has been convicted for the offences under Section 447, IPC and Section 323, IPC, he has been acquitted from the charge under Section 354, IPC. 3. Aggrieved by and dissatisfied with the acquittal of the accused person from the charge under Section 354, IPC, the petitioner has preferred the instant revision petition. 4. Mr. Hussain, learned counsel for the petitioner has submitted that in view of the provisions contained in Section 413, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 [earlier, Section 372, CrPC] read with Section 415[3], BNSS [earlier, Section 374[3], CrPC], an appeal lies. Therefore, the petitioner wants to withdraw the instant revision petition in order to prefer an appeal before the appropriate appellate court. Page No.# 3/3 5. In view of the above submission made by Mr. Hussain, learned counsel for the petitioner, this revision petition is dismissed on withdrawal reserving the liberty to the petitioner to prefer an appeal before the appropriate appellate court. JUDGE Comparing Assistant