Emrajul @ Emrajul Islam vs The State Of Assam And Anr
2024 Latest Caselaw 5727 Gua

Gauhati High Court

Emrajul @ Emrajul Islam vs The State Of Assam And Anr on 9 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/2

GAHC010156462024




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

                               Case No. : Bail Appln./2337/2024

            EMRAJUL @ EMRAJUL ISLAM
            S/O ABDUL SATTAR, R/O VILL- PAHARTOLI, P.O.-DAOPARA, P.S.-KACHUA,
            DIST- NAGAON, ASSAM



            VERSUS

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

            2:MUSSTT. SHAFIA KHATUN
            W/O ABDUL JALIL
             R/O VILL- DOMAIHAJI
             P.S.-KACHUA
             DIST- NAGAON
            ASSA

Advocate for the Petitioner   : MR D KALITA,

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 09.08.2024

Heard Mr. D. Kalita, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.

Page No.# 2/2

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. Call for the scanned copy of trial court record including the statement of the witnesses recorded so far and the order of framing of charge, if any, pertaining to POCSO Case No. 30/2023(corresponding to Kachua P.S. Case No. 94/2022), under Section 365/376(D) of IPC, pending in the court of learned Additional Sessions Judge cum Special Judge, POCSO, Nagaon, Assam. The Registry is directed to procure the same. No formal notice required to be served upon the respondent No.1 as because Mr. Goswami, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Mr. Goswami. List the matter after two weeks.

JUDGE

Comparing Assistant