Page No.# 1/3 GAHC010074662026 2026:GAU-AS:9768 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./13/2026 M/S. ASSAM TRADE AND AGENCIES REPRESENTED BY ITS PROPRIETOR, SRI DURGESH CHAND CHOUDHURY, SON OF LATE RAM AVTAR CHOUDHURY, RESIDENT OF ARYANECK LANE NO.II OF BARPETA ROAD TOWN, P.O. AND P.S. BARPETA TOWN, DISTRICT BARPETA, ASSAM. MOBILE NO. 9435123974 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI BINOY CHOUHAN S/O. LATE DIPEN CHOUHAN MAIN BAZAR OPP. BASIC TRAINING CENTRE P.S. - KOKRAJHAR DISTRICT - KOKRAJHAR ASSA Advocate for the Petitioner : MR. DILIP DEY, Advocate for the Respondent : PP, ASSAM, DARAK ULLAH(AMICUS CURIAE, R2) Linked Case : ST.Rev./0/0 MS ASSAM TRADE AND AGENCIES REPRESENTED BY ITS PROPRIETOR SRI DURGESH CHAND CHOUDHURY Page No.# 2/3 SON OF LATE RAM AVTAR CHOUDHURY RESIDENT OF ARYANECK LANE NO.II OF BARPETA ROAD TOWN P.O. P.S. BARPETA TOWN DISTRICT BARPETA ASSAM. MOBILE NO. 9435123974 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SRI BINOY CHOUHAN S/O. LATE DIPEN CHOUHAN MAIN BAZAR OPP. BASIC TRAINING CENTRE P.S. - KOKRAJHAR DISTRICT - KOKRAJHAR ASSAM ------------ Advocate for : MD TAIZUDDIN SK Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 17.07.2026 Learned counsel, Mr. D. Dey is present for the applicant. M/s. Assam Trade and Agencies, who has filed this application u/s 419(4) of BNSS, 2023 with prayer for special leave to prefer an appeal by the complainant against the respondent no.2. The complainant/applicant, namely, M/s. Assam Trade and Agencies represented by Sri Durgesh Chand Choudhury is aggrieved by the judgment and order of acquittal dated 22.01.2026, passed by the learned Additional Chief Judicial Magistrate, Barpeta in N.I Case No.47/2019. Page No.# 3/3 Learned Amicus Curiae, Mr. Darak Ullah is present for the accused/respondent no.2 and Mr. P.S. Laskar, learned Additional Public Prosecutor for the State is present. It is submitted on behalf of the appellant/applicant that he has been highly prejudiced by the order of acquittal and that he has a good case. I have considered the submissions made at the Bar. The petition with prayer for leave is allowed. Registry to register the connected appeal. In terms of above observation, this application stands disposed of. JUDGE Comparing Assistant