Nazrul Islam vs The State Of Assam And Anr
2024 Latest Caselaw 6361 Gua

Gauhati High Court

Nazrul Islam vs The State Of Assam And Anr on 30 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                            Page No.# 1/3

GAHC010164642024




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

                                  Case No. : AB/2217/2024

            NAZRUL ISLAM
            S/O JAMAL UDDIN
            R/O AGGUMI
            P.S. CHHAYGAON
            DIST. KAMRUP, ASSAM



            VERSUS

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

            2:NOBIRAN NESSA
            W/O HAIDAR ALI
            R/O KATAHBARI
             SULTAN ALI PATH

            TOWER GOLI
            P.S. GARCHUK

            DIST. KAMRUP (M)
            GHY-78103

Advocate for the Petitioner   : MR S HOQUE, MS R DEKA

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

                                      ORDER

Date : 30.08.2024

Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. S. Howue, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, 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.

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. Call for the scanned copy of trial court record, pertaining to Session (Spl) Case No. 105/2024 under Section 4 of POCSO Act, pending in the court of learned Additional Sessions Judge -cum- Special Judge (POCSO), Page No.# 3/3

Kamrup(M), Guwahati, Assam. The Registry is directed to procure the same.

List the matter after two weeks.

JUDGE

Comparing Assistant