Citation : 2024 Latest Caselaw 5736 Gua
Judgement Date : 9 August, 2024
Page No.# 1/2
GAHC010156672024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2333/2024
RIKI DEKA
S/O RONJU DEKA @ PABIN DEKA @ RANJOO DEKA, R/O SONAPUR TEA
GARDEN QUARTER, P.S.-SONAPUR, DIST- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:DR. RAJASHREE SARMA
(GMCH) (VAAPVB/OBGY) UNIT-V
P.O. AND P.S.-BHANGAGARH
DIST- KAMRUP (M)
3:SMT. MINA MEDHI
W/O LATE SUSHIL MEDHI
R/O SONAPUR
BALIGHAT
P.O. AND P.S.-SONAPUR
DIST- KAMRUP (M
Advocate for the Petitioner : MR. R SARMA, A H CHOUDHURY
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 09.08.2024
Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Call for the case diary, pertaining to Sonapur P.S. Case No. 105/2024 under Section 376 IPC r/w Section 6 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., 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. Goswami, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Mr. Goswami List on 20.08.2024.
JUDGE
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