Sobur Ali vs The State Of Assam And Anr
2023 Latest Caselaw 3158 Gua

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GAHC010174602023




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

                                 Case No. : Crl.A./298/2023

             SOBUR ALI
             S/O LT. ABDUL RAHMAN,
             VILL.- POKALAGI PART- III, P.S.- GOLAKGANJ, DIST.- DHUBRI, ASSAM.


             VERSUS

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

             2:ABU SAMA MIAH
              S/O LT. BISHA MIAH
             VILL.- POKALAGI PART- III
              P.S.- GOLAKGANJ
              DIST.- DHUBRI
             ASSAM

Advocate for the Petitioner   : MR D TALUKDAR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 16-08-2023 (M. Zothankhuma, J)

Heard Mr. D Talukdar, learned counsel for the appellant, who submits that the judgment dated 28.06.2023, passed by the court of the learned Additional Page No.# 2/2

Sessions Judge cum Special Judge, POCSO, Dhubri in Special Case No. 22/2021, by which the appellant has been convicted under Sections 341/342/365 IPC read with Section 4(2) of the POCSO Act should be set aside.

Admit the appeal. Call for the LCR.

Issue notice to the respondent No. 2, returnable in 5 (five) weeks.

Ms. S Jahan, learned Additional Public Prosecutor accepts notice on behalf of the State.

Appellant shall thereafter take steps upon respondent No. 2 by submitting copy of the appeal. The said appeal copy should be furnished to the learned Additional Public Prosecutor, Ms. S Jahan to enable her to transmit the same to the Officer-In-Charge of the concerned Police Station, who shall serve to the respondent No. 2. The report of service of notice should thereafter be made by the concerned Officer-In-Charge.

List the matter after 5 (five) weeks.

                                          JUDGE             JUDGE


Comparing Assistant