Najir Hussain vs The State Of Assam And Anr
2024 Latest Caselaw 5002 Gua

Gauhati High Court

Najir Hussain vs The State Of Assam And Anr on 22 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                           Page No.# 1/2

GAHC010133202024




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

                                  Case No. : AB/1832/2024

            NAJIR HUSSAIN
            S/O ABDUL KADER, P/R/O VILL- NO. 1 BHANDARA, P.S.-MANIKPUR, P.O.-
            BHANDARA BAZAR, DIST-BONGAIGAON, ASSAM, PIN-783390



            VERSUS

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

            2:MINARA BEGUM
             D/O AMJAD ALI
             R/O NO. 4 BHANDARA
             P.S.-MANIKPUR
             DIST- BONGAIGAON
            ASSAM
             PIN-783339

Advocate for the Petitioner   : MR. P K MAZUMDAR

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 22.07.2024

Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. B. Page No.# 2/2

Sarma, learned Additional Public Prosecutor for the State. 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.

Call for the scanned copy of trial court record along with case diary pertaining to Special Case No. 38(M)/2024( arising out of Manikpur P.S. Case No. 168/2023) under Section 120(B)/366(A)/376(3) IPC r/w Section 6 of POCSO Act, 2012. The Registry is directed to procure the same.

List the matter after two weeks.

JUDGE

Comparing Assistant