Khandakar Mezbahul Alom vs The State Of Assam And Anr
2023 Latest Caselaw 3353 Gua

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GAHC010244392022




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

                                Case No. : I.A.(Crl.)/757/2022

              KHANDAKAR MEZBAHUL ALOM
              S/O LATE KH. MATIAR RAHMAN, VILL.- METUAKUCHI, P.S. AND DIST.-
              BARPETA, ASSAM, PIN- 781308.

              VERSUS

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

              2:AMIR HUSSAIN
               S/O LATE GAJI MIYA
              VILL.- CHASRA GAON
              P.O.- SATRA KANARA
              P.S.- BAGHBAR
               PIN- 781308

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 25-08-2023 (K.R. Surana, J)

Mr. MU Mahmud, learned counsel for the applicant submits that he has taken steps several times for service of notice on the respondent No. 2 but the notice has not yet been served.

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2. Ms. S Jahan, learned Additional Public Prosecutor submits that pursuant to the judgment of this Court in the case of Dipak Nayak vs. State of Assam (Crl.A.(J) 40/2022) decided on 23.06.2023, the Registry was required to hand over the steps to the office of the Public Prosecutor for sending it to the respondent No. 2 through the Officer-In-Charge of the concerned Police Station. It is submitted that although the Registry has not provided her with the notice but on her own, she has sent a notice to the respondent No. 2 to be served through the Officer-In-Charge of Baghbar Police Station.

3. Accordingly, the learned Additional Public Prosecutor is permitted to send a reminder to the Officer-In-Charge of the Baghbar Police Station in the district of Barpeta seeking return of the service report, which shall be done through the VHF facility installed in the Court.

4. List the matter on 30.08.2023.

                                        JUDGE               JUDGE




Comparing Assistant