Ruhul Azad Barbhuiya vs The State Of Assam And Anr
2024 Latest Caselaw 5605 Gua

Gauhati High Court

Ruhul Azad Barbhuiya vs The State Of Assam And Anr on 6 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                       Page No.# 1/2

GAHC010131502024




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

                                  Case No. : AB/1698/2024

            RUHUL AZAD BARBHUIYA
            S/O LATE MAKTA ALI BARBHUIYA
            R/O VILL- BOILIPAR PART-I, P.S. HAILAKANDI, DIST. HAILAKANDI



            VERSUS

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

            2:SARIKA BEGUM LASKAR
             D/O LATE MOINUL HOQUE LASKAR
            VILL- SAYEDBOND PART-II
            P.O. KALIBARI BAZAR

            P.S. AND DIST. HAILAKANDI
            ASSAM

            PIN-78815

Advocate for the Petitioner   : MR. A M S MAZUMDER,

Advocate for the Respondent : PP, ASSAM,
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                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 06.08.2024.

Heard Mr. A.M.S. Mazumder, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. As per office note dated 24.07.2024, 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 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.

Case diary has been received and the same be returned back. List the matter after three weeks.

JUDGE

Comparing Assistant