Citation : 2024 Latest Caselaw 4831 Gua
Judgement Date : 15 July, 2024
Page No.# 1/2
GAHC010138092024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1795/2024
FR. JUSTIN RAJ RL
C/O MAR IVANIOUS PUBLIC SCHOOL, HARMOTI P.O. MERBIL
P.S.LALUK( OUT POST- HARMUTTY)
DIST. LAKHIMPUR, ASSAM-784160
PHONE NO. 8794891089
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PP, ASSAM
2:NIBEDON TOPPO (INFORMANT)
S/O LATE SANTOSH TOPPO
VILL- BISHRAMPUR
P.S.LALUK
LAKHIMPUR
ASSAM
PIN-78416
Advocate for the Petitioner : RAJU DEURI
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 15.07.2024
Heard Mr. R. Deuri, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Call for the case diary along with the statement of the victim recorded under Section 164 Cr.P.C. and medical report if any, pertaining to Laluk P.S. Case No. 85/2024, under Section 376(3) IPC r/w Section 6 of POCSO Act, 2012. Issue notice.
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.
List on 25.07.2024.
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