Jiten Barman vs The State Of Assam And Anr
2024 Latest Caselaw 5607 Gua

Gauhati High Court

Jiten Barman vs The State Of Assam And Anr on 6 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                           Page No.# 1/2

GAHC010092172024




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

                               Case No. : Bail Appln./1362/2024

            JITEN BARMAN
            S/O SRI PRAMESWAR BARMAN
            R/O NOITAMARA PT.II
            P.S. AND DIST. BONGAIGAON, ASSAM



            VERSUS

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

            2:SMTI. JONAKI BARMAN
             W/O SRI ARUN BARMAN
            R/O NOITAMARA PART-II
            P.S. AND DIST. BONGAIGAON
            ASSAM
             PIN-78338

Advocate for the Petitioner   : MR P KATAKI, MS. A LALA,MRS R BEGUM,MS S BARPUJARI

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 06.08.2024.

Heard Mrs. R. Begum, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.

Page No.# 2/2

As per office note dated 22.05.2024, 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.

The Registry is directed to procure the present status report of the case along with the statement of the witnesses recorded so far from the concerned court. List the matter after two weeks.

JUDGE

Comparing Assistant