Anil Sarmah vs The State Of Assam And Anr
2024 Latest Caselaw 4836 Gua

Gauhati High Court

Anil Sarmah vs The State Of Assam And Anr on 15 July, 2024

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GAHC010132602024




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

                                 Case No. : Crl.Pet./795/2024

            ANIL SARMAH
            S/O LATE LAXMINATH SARMAH, R/O KANAKLATA PATH, BORDOLOI
            NAGAR, P.O. AND P.S.-TINSUKIA, DIST- TINSUKIA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MOMINA BEGUM
            W/O AKBAR HUSSAIN
             R/O THERMAL GATE
             LAHORI KACHARI GAON
             P.O. AND P.S.-TINSUKIA
             DIST- TINSUKIA
            ASSAM
             PIN-78612

Advocate for the Petitioner   : MR. S ISLAM

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                 ORDER

15.07.2024

Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

This application filed under Section 482 of the Code of Criminal Procedure, 1973, praying for setting aside and quashing of the impugned Order dated 18.01.2024 passed by the learned Chief Judicial Magistrate, Tinsukia in PRC Case No. 76/2024 registered under Section 323 of IPC read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, thereby, taken the cognizance against the petitioner and impugned Judgment dated 11.06.2024 passed by the learned Additional Sessions Judge-cum-Special Judge, POCSO, Tinsukia in Criminal Revision Case No.31(2)/2024, thereby, dismissed the revision petition by upholding the order passed by the learned Trial Court.

Issue notice to the respondents, returnable within 3 (three) weeks.

Since Mr. Sharma, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition, if not already served, during the course of the day.

The learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

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Also, call for the scanned copy of the case records from the learned Courts below.

List the matter after 3 (three) weeks.

JUDGE

Comparing Assistant