Md. Abdul Khaleque vs The State Of Assam And 2 Ors
2024 Latest Caselaw 462 Gua

Gauhati High Court

Md. Abdul Khaleque vs The State Of Assam And 2 Ors on 29 January, 2024

Author: K.R. Surana

Bench: Kalyan Rai Surana

                                                                    Page No.# 1/3

GAHC010013722024




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

                            Case No. : Crl.A./22/2024

         MD. ABDUL KHALEQUE
         S/O LATE ABDUL MANNAS,
         R/O CHATIANTOLI (WARD NP. 7), P.O.- LAHARIGHAT, P.S.- LAHARIGHAT,
         DIST.- MORIGAON, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REP. BY THE P.P., ASSAM.

         2:MUSSTT. MONOWARA KHATOON
         W/O MD. JAINUDDIN

         R/O CHATIANTOLI (WARD NP. 7)
         P.O.- LAHARIGHAT
         P.S.- LAHARIGHAT
         DIST.- MORIGAON
         ASSAM
         PIN- 782127.

         3:JASMINA KHATOON
          D/O MD. JAINUDDIN

         REP. BY HER MOTHER MUSSTT. MONOWARA KHATOON

         R/O CHATIANTOLI (WARD NP. 7)
         P.O.- LAHARIGHAT
         P.S.- LAHARIGHAT
         DIST.- MORIGAON
         ASSAM
         PIN- 782127
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Advocate for the Petitioner   : MR. D C C PHUKAN

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 29.01.2024 (K.R. Surana, J)

Heard Mr. D.C.C. Phukan, learned counsel for the appellant. Also heard Ms. S.H. Bora, learned APP appearing for the State.

2. This is an appeal under Section 374 Cr.P.C. against the judgment and order dated 08.12.2023 passed by the learned Additional Sessions Judge-cum- Special Judge (POCSO), Morigaon in POCSO Case No. 58/2020, under Sections 342/376AB IPC read with Section 6 of the POCSO Act.

3. The appeal is admitted for hearing.

4. Call for the records.

5. Issue notice to the respondent nos.2 and 3 returnable on 15.03.2024.

6. The appellant shall take steps within 2 (two) days for service of notice on the respondent nos.2 and 3 by registered post with A/D as well as by usual process.

7. Registry shall prepare one set of notice and hand it over to the learned APP for service on the respondent nos.2 and 3 through the jurisdictional police station.

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8. Liberty is granted to the learned counsel for the appellant to collect the postal receipt number from the Registry and track service through the postal website and the track report may be filed before the Registry prior to the next date fixed.

9. List on 15.03.2024, awaiting receipt of LCR as well as service of notice.

                      JUDGE                                  JUDGE




Comparing Assistant