Ramjan Ali vs The State Of Assam And Anr
2024 Latest Caselaw 5602 Gua

Gauhati High Court

Ramjan Ali vs The State Of Assam And Anr on 6 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                       Page No.# 1/2

GAHC010154542024




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

                                 Case No. : Crl.Pet./921/2024

            RAMJAN ALI
            S/O MD. AMZAD ALI, R/O VILL- SISHUBARI, P.S.-AMGURI, DIST- CHIRANG,
            ASSAM



            VERSUS

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

            2:MERI RABHA
            W/O LATE SULI RABHA
             R/O VILL- OUGURI
             P.S.-AMGURI
             DIST- CHIRANG
            ASSA

Advocate for the Petitioner   : MR. A S TAPADER, MR M AHMED

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 06.08.2024.

Heard Mr. A.S. Tapader, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.

Page No.# 2/2

This is an application under Section 528 of BNSS, 2023 for quashing the FIR, charge-sheet and all proceeding in connection with Special (P) Case No. 134(BGN)/2023 under Section 366 IPC r/w section 6 of POCSO Act pending before the learned Special Judge, Bongaigaon. Issue notice.

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. No formal notice required to be served upon the respondent No.1 as because Mr. Baruah, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Mr. Baruah. Call for the scanned copy of trial court record. The Registry is directed to procure the same from the concerned trial court. List the matter after four weeks.

JUDGE

Comparing Assistant