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2026 DAILYLAW 1086 (GAU)

SRI KAMAL BAISHYA v. THE STATE OF ASSAM AND ANR

Crl.L.P./48/2025 · 2026-03-24

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010245732025 2026:GAU-AS:4322 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./48/2025 SRI KAMAL BAISHYA S/O. LATE KIRAN BAISHYA,R/O. RAILWAY QUARTER NO. 101/A,CENTRAL GOTANAGAR, MALIGAON,P.S. JALUKBARI, GUWAHATI,DIST- KAMRUP M, ASSAM.PH. NO. 80116 60088. VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LD.P.P., ASSAM 2:JATINDRA BHARALI S/O. LATE BENUDHAR BHARALI R/O. PANDU NEAR B.ED COLLEGE NEAR NIJESWARI MANDIR P.S. JALUKBARI GUWAHATI DIST- KAMRUP M ASSAM.PIN-78101 Advocate for the Petitioner : MR. N UDDIN, MS P KAKATI,MR A K AHMED Advocate for the Respondent : PP, ASSAM, N.R. SHARMA(R-2),MR A SHARMA(R-2),MR. A KHOUND(R-2),MS. N CHOUDHURY(R-2),MR. A K BHUYAN (R-2) Linked Case : ST.Rev./0/0 Page No.# 2/3 SRI KAMAL BAISHYA S/O. LATE KIRAN BAISHYA R/O. RAILWAY QUARTER NO. 101/A CENTRAL GOTANAGAR MALIGAON P.S. JALUKBARI GUWAHATI DIST- KAMRUP M ASSAM.PH. NO. 80116 60088 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LD.P.P. ASSAM 2:JATINDRA BHARALI S/O. LATE BENUDHAR BHARALI R/O. PANDU NEAR B.ED COLLEGE NEAR NIJESWARI MANDIR P.S. JALUKBARI GUWAHATI DIST- KAMRUP M ASSAM.PIN-781011. ------------ Advocate for : PANKHI KAKATI Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25.03.2026 Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Ms. N. Choudhury, learned counsel for the respondent No. 2. Invoking section 419(4) of BNSS, the petitioner namely, Kamal Page No.# 3/3 Baishya, who was complainant in C.R. Case No. 49/2018 under N.I. Act, before the learned SDJM(S), No. 1, Kamrup(M), Guwahati, is aggrieved by the judgment and order of acquittal dated 08.09.2025. He is seeking leave to preferred an appeal. The learned counsel for the respondent No. 2 submits that the aspect of such leave would be between the Court and the appellant. It is submitted by the learned counsel for the petitioner that he has merit in the appeal sought to be filed against the order of acquittal. In view of above, leave for filing the appeal is hereby granted. The instant leave petition stands disposed of and the Registry may register the connected criminal appeal and list it in the admission column. A copy of this appeal may be furnished to the learned counsel for the respondent No. 2. The name of the learned counsel for the respondent No. 2 be shown in the cause list while listing the criminal appeal. JUDGE Comparing Assistant