Md. Abdul Muktadir v. Sh. Akshat Jhunjhunwala

ORDER Date : 06-12-2024 Heard Mr. David Malsawmkima, learned counsel for the applicant along with Mr. K. Paul, learned Senior counsel for the respondent assisted by Mr. JH. Ramthanmawia. The learned Senior counsel sumbits that the instant I.A. is not maintainable, since the provisions u/s 378(4) and 378(5) of the CrPC has not been followed. He submits that as per Section 378(4) of the CrPC, an application is to be made seeking the permission of this Court to file an appeal against the acquittal of the respondent. The learned counsel for the applicant/appellant submits that he may be allowed to withdraw the instant I.A. along with the Criminal Appeal by admitting that the necessary procedure/steps provided u/s 378(4) and 378(5) of the CrPC have not been followed in the instant case. He prayed that he may be allowed to withdraw the instant I.A. along with the Criminal Appeal for taking necessary steps and to file afresh, if so advised. Having heard the submissions made by the learned counsels both the parties, this Court find it fit to allow the applicant/appellant to withdraw the instant I.A.(Crl.) No. 35/2023 and the connected Criminal Appeal No. 30/2023 with a permission to file afresh, if so advised. Page No.# 3/3 Accordingly, I.A.(Crl.) No. 35/2023 along with the connected Criminal Appeal No. 30/2023 stands disposed of as above on withdrawal.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC030003462023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/35/2023 Md. Abdul Muktadir Aizawl VERSUS Sh. Akshat Jhunjhunwala S/o PJ Jhunjhunwala (L) Advocate for the Petitioner : Mr. Nozrul Islam Choudhury Advocate for the Respondent : Mr. J H Ramneihmawia Linked Case : Crl.A./30/2023 Md Abdul Muktadir C/o Renghnuna R/o House No. D/K-14C Dinthar-1 Aizawl Mizoram VERSUS Shri Akshat Jhunjhunwala S/o (L) PK Jhunjhunwala Office of the Umadutt Industries Ltd. Near Dyna Roof Pvt Ltd. Anil Plaza 5th floor GS Road near ABC Bhanghagarh Guwahati-781005 Page No.# 2/3 Advocate for the Petitioner : Mr. Nozrul Islam Choudhury Advocate for the Respondent : Mr. J H Ramneihmawia BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG