Kaifuddin Ahmed vs The State Of Assam And Anr
2024 Latest Caselaw 5478 Gua

Gauhati High Court

Kaifuddin Ahmed vs The State Of Assam And Anr on 2 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                    Page No.# 1/2

GAHC010126182024




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

                               Case No. : Bail Appln./1859/2024

            KAIFUDDIN AHMED
            S/O TAFAJUL HOQUE
            RESIDENT OF VILL- BARALIMARI, P.S. BHURAGAON, IN THE DISTRICT OF
            MORIGAON, ASSAM-782121
            REPRESENTED BY PASMINA BEGUM, AGED ABOUT 41 YEARS, D/O
            GIYASH UDDIN AHMED, RESIDENT OF ANUPAM NAGAR, P.S. HATIGAON,
            IN THE DISTRICT OF KAMRUP (M), ASSAM-781038



            VERSUS

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

            2:AJAY BAIRAGI
             S/O SHANTI BAIRAGI
            R/O VILL- BARALIMARI
            P.S. BHURAGAON

            IN THE DISTRICT OF MORIGAON
             ASSAM

            PIN-7821

Advocate for the Petitioner   : MR UNUSH KHAN, MR S DAS

Advocate for the Respondent : PP, ASSAM,
                                                                              Page No.# 2/2

                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 02.08.2024.

Heard Mr. U. Khan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. As per office note dated 20.07.2024, no step has been taken regarding the service of notice to the respondent No. 2.

The learned counsel for the petitioner is directed to take fresh step for service of notice to the respondent No. 2.

The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., concerned Police Station. The petitioner shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.

List the matter after two weeks.

JUDGE

Comparing Assistant