Kamdev Deka vs The State Of Assam And Anr
2024 Latest Caselaw 5535 Gua

Gauhati High Court

Kamdev Deka vs The State Of Assam And Anr on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/2

GAHC010151902024




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

                               Case No. : AB/2030/2024

          KAMDEV DEKA
          S/O LATE UDAY CH. DEKA, R/O H/NO. 96, NABAJYOTI CLUB,
          HENGRABARI, P.O.-HENGRABARI, P.S.-DISPUR, GUWAHATI-36, DIST-
          KAMRUP (M), ASSAM

          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

          2:RUFIA KHATUN
          W/O GIYASUDDIN AHMED
           R/O H/NO. 189 (A)
           BORTILA
           BARBARI
           P.O.-HENGRABARI
           P.S.-DISPUR
           GUWAHATI-781036
           DIST- KAMRUP (M)
          ASSA

Advocate for the Petitioner : MR. K K HANDIQUE, MR. N MALAKAR
Advocate for the Respondent : PP, ASSAM,


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

05.08.2024

Heard Mr.K. K. Handique, learned counsel for the petitioner as well as Mr. B. Page No.# 2/2

Sarma, learned Additional Public Prosecutor appearing for the State respondent No.1.

Call for the scanned copy of trial court record along with case diary of Sessions (Special) Case No. 115/2024 arising out of Dispur PS Case No. 734/2017 under Section 12 of POCSO Act.

Registry is directed to procure the same.

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., of 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. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.

List the matter after 2(two) weeks.

JUDGE

Comparing Assistant