Gauhati High Court
Noor Mohammad Sarkar vs The State Of Assam And 3 Ors on 21 April, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010117652022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./37/2022
NOOR MOHAMMAD SARKAR
S/O LATE MULLUK HUSSAIN
RESIDENT OF WARD NO. 4, DOBOKA, PS DOBOKA, DIST HOJAI, ASSAM,
782440
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY PP ASSAM
2:RIKESH ROY
S/O HARIPADA ROY
RESIDENT OF NAHAR GAON
PS DOBOKA
DIST HOJAI
ASSAM 782440
3:PARIKESH ROY
S/O HARIPADA ROY
RESIDENT OF NAHAR GAON
PS DOBOKA
DIST HOJAI
ASSAM 782440
4:HABIJUR RAHMAN
S/O FARJAN ALI
RESIDENT OF NAHAR GAON
Page No.# 2/3
PS DOBOKA
DIST HOJAI
ASSAM 78244
Advocate for the Petitioner : MR. A AWAL
Advocate for the Respondent : PP, ASSAM
Linked Case :
NOOR MOHAMMAD SARKAR
VERSUS
THE STATE OF ASSAM AND 3 ORS. B
------------
Advocate for : MR. A AWAL
Advocate for : appearing for THE STATE OF ASSAM AND 3 ORS. B
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 21.04. 2023 Heard Mr. A. Awal, learned counsel for the petitioner and Ms. B. Bhuyan, learned Addl. PP for the State respondent No. 1. Also heard Ms. M. Bhattacharjee, learned counsel for the respondent Nos. 2 and 3 and Mr. R. Islam, learned counsel for the respondent No. 4.
This is an application filed under Section 378(4) Cr.P.C., 1973 by the petitioner seeking leave for filing the connected appeal against the impugned Page No.# 3/3 judgment and order dated 21.02.2022, passed by the learned Judicial Magistrate, First Class, Hojai in C.R. Case No. 592 of 2012 whereby the learned trial court has acquitted the respondent Nos. 2, 3 and 4.
The learned counsel for the respondents has made no objection on the prayer of the petitioner.
In view of the above and considering the submission of the learned counsel for the petitioner, the prayer for leave is allowed.
The leave petition stands disposed of.
The Registry is directed to register the appeal and list the matter for admission.
JUDGE Comparing Assistant