Gauhati High Court
Mantu Garh vs The State Of Assam on 30 October, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010172242024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./57/2022
MANTU GARH
S/O SRI RAMESHWAR GARH
RESIDENT OF EKORANI
PS SARUPATHAR
DIST GOLAGHAT
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP ASSAM
------------
Advocate for : MR F HAQUE
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 30.10.2024 Heard Mr. B. K. Sen, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam/respondent No.1.
It appears from the record that the accused was convicted under Section 4 of the POCSO Act but no notice was issued to the respondent No.2.
Page No.# 2/2 Issue notice to the respondent No.2.
The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., of concerned Police Station.
The appellant shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.
Call for the Trial Court record pertaining to Special(POCSO) Case No.29/2019 (arising out of Sorupathar P.S Case No.57/2017) pending in the Court of Special Judge, Golaghat.
List this matter after 4(four) weeks.
JUDGE Comparing Assistant