Page No.# 1/3 vs Page No.# 2/3
2024 Latest Caselaw 5008 Gua

Gauhati High Court

Page No.# 1/3 vs Page No.# 2/3 on 22 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                Page No.# 1/3

GAHC010143442024




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

                           Case No. : Bail Appln./2084/2024

         ASIM UDDIN ALIAS ASHIM UDDIN ALIAS HABIJUL AND 2 ORS
         S/O- MOIJUDDIN SHEIKH,
         GOALPARA

         2: RAHIM UDDIN ALIAS ROHIM UDDIN
          S/O- MOIJUDDIN SHEIK

         BOTH ARE PERMANENT RESIDENT OF VILLAGE CHILARVITA

         P.O- TULSHIBARI

         P.S-LAKHIPUR
          DIST-GOALPARA
         ASSAM

         3: ABDUR RASHID ALIAS ABDUL RASHID
          S/O- LATE AZIBAR RAHMAN

         PERMANENT RESIDENT OF VILLAGE PANIKAMRATARI

         P.O- TULSHIBARI

         P.S-LAKHIPUR
          DIST-GOALPARA
         ASSAM

         AND ALL ARE PRESENTLY R/O VILLAGE MANASH RESERVE
         (MANASHPARA)

         P.S- LAKHIPUR
          DIST- GOALPARA
         ASSA

         VERSUS
                                                                             Page No.# 2/3


            THE STATE OF ASSAM AND ANR
            REP BY THE PP ASSAM

            2:MD. HAZRAT ALI
             S/O- LATE SAMSUL HAQUE

            VILL- HAHCHARA
            P.O- BAGHODI

            P.S- BARPETA
             DIST- BARPETA
            ASSA

Advocate for the Petitioner   : Joshim Uddin Ahmed

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 22.07.2024

Heard Mr. Z. Rahman, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

Issue notice.

The learned counsel for the petitioners 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 petitioners 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. Page No.# 3/3

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 (POCSO) Case No. 121/2022 under Section 365/376/379/506/34 IPC r/w Section 4 of POCSO Act, 2012. The Registry is directed to procure the same.

List on 13.08.2024.

JUDGE

Comparing Assistant