Hussain Ali vs The State Of Assam And Anr
2023 Latest Caselaw 76 Gua

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GAHC010194492022




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

                                  Case No. : Crl.A./237/2022

            HUSSAIN ALI
            S/O MOYNAL KHAN,
            VILL.- BALARPATHAR,
            P.S.- KALGACHIA,
            DIST.- BARPETA, ASSAM.



            VERSUS

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

            2:MD. AZAHAR ALI
             S/O JOYNAL ABEDIN

            VILL.- BALARPATHAR

            P.S.- KALGACHIA

            DIST.- BARPETA
            ASSAM
            PIN- 781319

Advocate for the Petitioner   : MR. A AHMED

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 04.01.2023 Heard Mr. A. Ahmed, learned counsel for the appellant and Mr. B. Sarma, learned add. Public Prosecutor for the State respondent No. 1.

This appeal under Section 374 (2) Cr.P.C. has been filed by the appellant praying for setting aside and quashing the impugned judgment and order dated 05.09.2022 passed by the learned Addl. Sessions Judge- Cum- Special Judge (POCSO), Barpeta in Special POCSO Case No. 136 of 2019 whereby convicting and sentencing the accused/ appellant under Section 457 IPC and Section 8 of the POCSO Act.

The appeal is admitted.

Call for the LCR.

Issue notice upon the respondent No. 2.

The appellant shall take steps for service of notice upon the respondent No. 2 by registered post with A/D as well as usual process, returnable within 4 weeks.

Steps be taken within 7 days.

As the learned Addl. PP has entered appearance and accepted notice on behalf of all the respondent No. 1, no formal notice is required to be served upon the said respondent No.1.

List the matter accordingly.

JUDGE

Comparing Assistant