Md. Sofikul Islam vs The State Of Assam And Anr
2024 Latest Caselaw 5006 Gua

Gauhati High Court

Md. Sofikul Islam vs The State Of Assam And Anr on 22 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/2

GAHC010114022024




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

                           Case No. : Bail Appln./1672/2024

          MD. SOFIKUL ISLAM
          S/O MD. KAIMUDDIN
          R/O VILL- 30 FC GRANT,
          P.S.LALUK
          DIST. LAKHIMPUR, ASSAM

          VERSUS

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

          2:MAMTAZ BEGUM
          W/O MOWAS ALI
          R/O SUMONI

          P.S. LALUK
          DIST. LAKHIMPUR
          ASSA

Advocate for the Petitioner : MR M HOQUE
Advocate for the Respondent : PP, ASSAM




                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

22.07.2024

Heard Mr. M. Hoque, learned counsel for the petitioner as well as Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State Page No.# 2/2

respondent No.1.

As per office note dated 19.07.2024, no steps has been taken in respect of respondent No.2 by the petitioner.

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., of 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. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court. Though scanned copy of the trial court record is received but it is not reflected whether charge has been framed or witness has been examined by the trial court.

Registry is directed to procure the order of framing charge and copy of the witnesses recorded so far.

List the matter after 2(two) weeks.

JUDGE

Comparing Assistant