Md. Moinal Ali vs The State Of Assam And Anr
2023 Latest Caselaw 3789 Gua

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GAHC010210102023




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

                                  Case No. : Crl.A./341/2023

            MD. MOINAL ALI
            S/O MD. EBRAHIM ALI,
            VILL.- DIGHOLIPATHAR, P.S.- BORPATHAR, DIST.- GOLAGHAT, ASSAM.



            VERSUS

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

            2:JIBON CHOUDHURY
             S/O LATE SHANLAL CHOUDHURY

            VILL.- NO. 3 HOLLOWKHOWA
            P.S.- BORPATHAR
            DIST.- KARBI ANGLONG
            ASSAM

Advocate for the Petitioner   : MR. P K MUNIR

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                  ORDER

18.09.2023

Heard Mr. A. Gayan, learned counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Procedure for the State respondent.

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the Judgment & Order dated 17.07.2023 passed by the learned Special Judge (POCSO), Karbi Anglong, Diphu in POCSO Case No.32/2019.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. B. B. Gogoi, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition, during the course of the day.

The learned counsel for the appellant shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

Considering the submissions made by the learned counsels of both sides, the appeal is admitted for hearing.

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Call for the scanned copy of the LCR.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant