Fajila Khatun vs The State Of Assam And Anr
2024 Latest Caselaw 5007 Gua

Gauhati High Court

Fajila Khatun vs The State Of Assam And Anr on 22 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                             Page No.# 1/2

GAHC010141542024




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

                                   Case No. : AB/1828/2024

            FAJILA KHATUN
            W/O HUCHEN ALI, R/O VILL- BALARCHAR, P.O.-KIRTANPARA, P.S.-
            MERERCHAR, DIST- BONGAIGAON, ASSAM



            VERSUS

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

            2:KADDUS ALI
             S/O LATE HELAL UDDIN
             R/O VILL- MATRAGHOLA
             P.S.-ABHAYAPURI
             DIST- BONGAIGAON
            ASSAM
             PIN-78338

Advocate for the Petitioner   : MR. S A B KHABIR

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 22.07.2024.

Heard Mr. A.S. Ali, learned counsel for the petitioner. Also heard Mr. B. Sarma, Page No.# 2/2

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 case diary along with the statement of the victim recorded under Section 164 Cr.P.C. and medical report, if any, pertaining to Abhayapuri P.S. Case No. 136/2024 under Section 365/376(3) of IPC r/w Section 4 of POCSO Act, 2012. List on 12.08.2024.

JUDGE

Comparing Assistant