Bitupan Talukdar @ Petla vs The State Of Assam And Anr

Gauhati High Court

Bitupan Talukdar @ Petla vs The State Of Assam And Anr on 23 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/2

GAHC010019852023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Crl.A./24/2023

            BITUPAN TALUKDAR @ PETLA
            S/O LT. BIPIN TALUKDAR,
            R/O SAHID NAGAR, NOONMATI UNDER NOONMATI POLICE STATION IN
            THE DISTRICT OF KAMRUP (M), GUWAHATI.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM.

            2:MANISHA BEGUM
             S/O LT. MANTU BEGUM

            R/O SAHID NAGAR
            NOONMATI UNDER NOONMATI POLICE STATION IN THE DISTRICT OF
            KAMRUP (M)
            GUWAHATI
            PIN- 781020

Advocate for the Petitioner   : MR P CHOUDHURY, MR R SARMA,MS P SAIKIA

Advocate for the Respondent : PP, ASSAM,


                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : -23.10.2024 Heard Mr P.Choudhury, learned counsel for the appellant as well as Mr. Page No.# 2/2 K.K.Parashar, learned Addl. P.P., Assam for the State respondent No.1.

As per office note dated 02.09.2024, unserved notice has been returned back with postal remark ' addressee not known'.

Learned counsel for the appellant seeks some time to take fresh steps on respondent No.2.

Prayer is allowed.

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.

Issue notice to respondent No.2.

The learned counsel for 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. List after four weeks.

JUDGE Comparing Assistant