Sheikh Faruque Al Bash vs The State Of Assam And Anr
2024 Latest Caselaw 5852 Gua

Gauhati High Court

Sheikh Faruque Al Bash vs The State Of Assam And Anr on 13 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                       Page No.# 1/2

GAHC010145612024




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

                                  Case No. : AB/1919/2024

            SHEIKH FARUQUE AL BASH
            S/O SHEIKH ABDUR REZZAQUE AHMED
            R/O JOPEA BARAICHALA
            P.S. MERERCHAR,P.O. MADRASSA PARA
            DIST. BONGAIGAON, ASSAM
            PIN-783384


            VERSUS


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

            2:ABDUL BATEN KHAN
             S/O LATE AIJUDDIN KHAN
            VILL- BORAICHALA
             P.S. MERERCHAR

            DIST. BONGAIGAON
            ASSAM
            PIN-78338


Advocate for the Petitioner   : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MS R
DEKA,MR. A AHMED

Advocate for the Respondent : PP, ASSAM,
                                                                               Page No.# 2/2

                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 13.08.2024

Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

The learned Senior 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. No formal notice required to be served upon the respondent No.1 as because Mr. Sarma, Addl.P.P. has entered appearance.

Extra copy of the petition shall be provided to Mr. Sarma. List the matter after two weeks for production of up-to-date case diary.

JUDGE

Comparing Assistant