Page No.# 1/2 GAHC010107902024 2026:GAU-AS:7349 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./19/2024 DIPAK KUMAR CHAKRABARTY S/O LATE DINANATH CHAKRABARTY, 5TH BYE LANE (EAST), R.G. BARUAH ROAD, GUWAHATI, DIST.- KAMRUP (M), PIN- 781006. VERSUS KALPAJYOTI NEOG AND ANR. S/O LATE J.C. NEOG, 79, LAKHIMI NAGAR, HATIGAON, GUWAHATI, DIST.- KAMRUP (M), PIN- 781038. 2:THE STATE OF ASSAM REP. BY THE P.P. ASSAM Advocate for the Petitioner : MR A SAIKIA, Advocate for the Respondent : PP, ASSAM, MS N BARUAH,MR P DAS,MS H B BARMAN BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-05-2026 Heard Mr. A. Saikia, learned counsel for the petitioner. Also heard Mr. P. Prawar, learned counsel appearing on behalf of Mr. P. Das, learned counsel for the respondent. 2. This leave petition has been filed under Section 378(4) of the Cr.P.C. challenging the judgment and order dated 20.03.2024 passed by the learned Page No.# 2/2 Additional District & Sessions Judge No. 5, Kamrup (M), Guwahati, whereby the accused was acquitted. 3. In this context, the respondent has also filed his objection. But during the course of argument, it is pointed out by the learned counsel for the respondent that if the appeal is filed by the victim/complainant, there is no necessity for filing a leave petition as per the provision of Section 378(4) of the Cr.P.C. in this regard he has cited a judgment of M/s Celestium Financial vs. A. Gnanasekaran etc., reported in 2025 INSC 804. 4. Considering the submissions made by both the parties and the provisions laid down in Section 378(4) of the Cr.P.C., this criminal leave petition is allowed without any further discussion. However, the objection filed by the respondent may be considered at the time of hearing of the connected appeal, which has been filed against the order of acquittal passed by the learned Additional District & Sessions Judge No. 5, Kamrup (M), Guwahati. 5. Accordingly, the present criminal leave petition is disposed of with a direction to the Registry to register the connected appeal and to place the same before the Court accordingly. 6. The name of the counsels appearing for the appellant as well as the respondents may be reflected in the cause-list at the time of listing of the connected appeal. JUDGE Comparing Assistant