Hikmat Ali vs The State Of Assam And 2 Ors
2024 Latest Caselaw 5543 Gua

Gauhati High Court

Hikmat Ali vs The State Of Assam And 2 Ors on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                    Page No.# 1/3

GAHC010129872024




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

                                 Case No. : Crl.Pet./906/2024

            HIKMAT ALI
            S/O LATE JAYNAL ALI
            R/O VILL- SATRAKANARA, NO. 1CHASRA, P.S. BAGHBAR, DIST. BARPETA,
            ASSAM
            PIN- 781308


            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE PP, ASSAM

            2:RAFIQUL ISLAM
             S/O SAYEDUL ISLAM
            R/O VILL- MOURIPAM
            P.S. BAGHBAR

            DIST. BARPETA
            ASSAM
            PIN-781308

            3:XXX
             D/O HIKMAT ALI
            W/ONURUL AMIN @ NUR AMIN
            R/O VILL- SATRAKANARA NO. 1 CHASRA
             P.S. BAGHBAR
            DIST. BARPETA
            ASSAM
            PIN-78130

Advocate for the Petitioner   : MR. M AHMED, MD I H LASKAR

Advocate for the Respondent : PP, ASSAM,
                                                                        Page No.# 2/3




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

05.08.2024

Heard Mr. M. Ahmed learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent No.1.

By this petition under Section 482 CPC, the petitioner has prayed for quashing of the entire proceeding of Special POCSO Case No. 36/2022 (arising out of Baghbar PS Case No. 308/2021 under Section 120(b)/376/34 IPC read with Section 4 of POCSO Act.

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. Call for scanned copy of trial court record including the evidence of witnesses recorded so far.

Page No.# 3/3

List the matter after 2(two) weeks along with Criminal Petition No. 115/2022.

JUDGE

Comparing Assistant