Page No.# 1/3 GAHC010135792025 2026:GAU-AS:13542 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./32/2025 RUNUMI MEDHI W/O. HARISH MEDHI, R/O. BARPARA, WARD NO. 23, P/S. BONGAIGAON, DIST. BONGAIGAON, ASSAM. VERSUS JAMUNA RAY D/O. TARINI KANTA RAY, R/O. BHATPARA, PURANI, BONGAIGAON, P/S. BONGAIGAON, DIST. BONGAIGAON, ASSAM. 2:THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MS N BARUAH, MR. S K NATH,MR P DAS,MR. P K SAHARIA,MS K DAS Advocate for the Respondent : MR SARFRAZ NAWAZ(R1), PP, ASSAM,A MISHRA(R1),MR. SURAJIT DAS(R1) BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 14.09.2026 Heard Mr P Das, learned counsel for the petitioner and Mr S Nawaz, learned counsel for the respondent No. 1. Page No.# 2/3 2. It is noticed that the instant case is filed under Section 419 of the BNSS, 2023, challenging the Judgment and Order of acquittal dated 22.04.2025, passed by the learned JMFC, Bongaigaon, in NI Case No. 138/2023, by which the accused was acquitted and set at liberty. Section 419 provides that the complainant, if aggrieved by the acquittal order passed by the Trial Court may make an application before the High Court, along with an application for grant of leave, which will be considered by the High Court, but it is settled by the Supreme Court passed in the case of Celestium Financial v. A. Gnanasekaran; reported in 2025 SCC Online SC 1329, that the complainant comes within the purview of victim, as provided under Section 2 (y) of the BNSS, 2023, wherein it has been specifically provided that victim means a person, who has suffered any loss or injury caused by reason of the act or omission of the accused person. The Hon’ble Supreme Court has held that under Section 413 of the BNSS, 2023, a victim is given the right to prefer an appeal against any order passed by the Court acquitting the accused before a Court, where ordinarily an appeal lies. 3. As such, the learned counsel for the petitioner submits that he be permitted to move an application before the Sessions Court, which is the appellate Court against the acquittal order passed by the Court of learned JMFC, Bongaigaon. 4. Prayer is allowed. 5. Further, it is directed that the appellate Court while considering the application filed by the petitioner, shall extend the benefit of Section 14 of the Limitation Act. Page No.# 3/3 6. Petition is closed. JUDGE Comparing Assistant