Zakir Hussain vs The State Of Assam And Anr
2023 Latest Caselaw 3501 Gua

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GAHC010162132023




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

                                  Case No. : AB/2606/2023

            ZAKIR HUSSAIN
            S/O LATE IMDADUR RAHMAN
            R/O VILL- DEBOSTHAN, P.S. MURAJHAR, IN THE NAGAON DISTRICT OF
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            TO BE REP. BY THE LEARNED PP, ASSAM

            2:ALIM UDDIN
             S/O ABDUL MANNF VILL- DEBOSTHAN
             P.S. MURAJHAR

            DIST. NAGAON
            ASSA

Advocate for the Petitioner   : MR SARFRAZ NAWAZ

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

31.08.2023

Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. B.

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Sharma, learned Additional Public Prosecutor appearing for the State of Assam.

It appears that the notice to respondent No. 2 (father of the victim) which was issued by registered post with A/D has not yet been returned.

Learned counsel for the petitioner has pointed out a judgment of the Division Bench of this Court in " Dipak Nayak Vs. State of Assam" (Crl.A. (J) No. 40/2022, order dated 23.06.2023), wherein, a guideline was issued to serve a copy of notice to the victim/guardian of the victim/support person through Officer-In-Charge of jurisdictional police station on furnishing of copy of the petition by the Registry to the prosecution. Hence, in addition to the service of notice through registered post the steps for which the petitioner has already taken the petitioner is directed to furnish a copy of the bail application to the Registry so that the Registry may forward the same to the Officer-In-Charge of Murajhar police station under Hojai district for serving a copy of the same to the guardian of the victim and furnishing a report of service back to the Registry. It may also be informed to the victim that in the event of the victim unable to engage a counsel, a legal aid counsel would be provided to defend her cause.

In the meanwhile, case diary may be called for.

Let this matter be listed again on 12.09.2023.

JUDGE

Comparing Assistant