Mantu Kumar vs The State Of Assam And Anr
2023 Latest Caselaw 344 Gua

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GAHC010174052022




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

                                  Case No. : Crl.A./14/2023

            MANTU KUMAR
            S/O RAMCHANDRA SAW,
            R/O WARD NO. 6,
            P.O.- TEKOBAR,
            P.S.- KODERMA, CHANDEDIH, KODERMA, JHARKHAND- 825409.

            VERSUS

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

            2:NAMITA BORO
            W/O GOBIND BORO
            VILL.- NATUN BATABARI
             P.O.- RANI
             P.S.- PALASHBARI
             DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MR H BETALA

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 30.01.2023

Heard Mr. S.K. Nath, learned counsel for the appellant and Ms. SH Bora, learned Addl. PP, appearing for the State Respondent.

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This appeal under Section 374(2) Cr.P.C., is preferred by the appellant for setting aside the impugned judgment and order dated 01.07.2022, passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Amingaon, Kamrup in Special (POCSO) Case No.48/2019 The learned counsel for the appellant submits that he may be allowed to add the victim as party in the present appeal.

Prayer is allowed.

The addition may be done before the competent authority by the Registry.

The appeal is admitted for hearing.

Call for the records.

Let notice be issued, returnable by 4 (four) weeks. Steps upon respondent No.2 be taken by way of Registered Post with A.D as well as through usual process within 7 (seven) days.

Since Ms. S.H Bora, learned Addl. PP entered appearance and accepts notice on behalf of respondent No.1, so no formal notice is required to be taken, however, extra requisite copy of the petition be served upon the learned Addl. PP during the course of the day.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant