Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 3864 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 3 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                         Page No.# 1/3

GAHC010028752024




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

                          Case No. : Crl.Pet./194/2024

         DR. ARUN CHANDRA DEKA AND 2 ORS
         S/O LATE PHANIDHAR DEKA
         R/O VILL- KAIKARA
         P.O. PATI DARRANG,
         P.S. SIPAJHAR
         DIST. DARRANG, ASSAM

         2: DR (MRS) AJANTA BORDOLOI
         W/O LATE GURU PRASAD BORDOLOI
         R/O WARD NO. 06
          LNB ROAD

         P.O. MANGALDOI
         P.S. MANGALDOI
         DIST. DARRANG
         ASSAM

         3: DR ANUPAM SARMA
          S/O LATE NIRMAL SARMA
         R/O VILL- BARANGABARI
         P.O. BARANGABARI
         P.S. MANGALDOI
         DIST. DARRANG
         ASSA

         VERSUS

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

         2:SHRI RAJU TURI
          S/O LATE RAMA TURI
         R/O PRAJA PATHAR
         P.O. DHEKIAJULI
                                                                          Page No.# 2/3

            P.S. DHEKIAJULI
            DIST. DARRANG
            ASSA

Advocate for the Petitioner   : MR Z KAMAR

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 03.06.2024

Heard Mr. S. Sarmah, learned counsel for the petitioners. Also heard Mr. J.A. Hussain, learned Special Public Prosecutor for the State/respondent No.1.

As per office note, await service regarding the respondent No. 2. The learned counsel for the petitioners submits that he would like to take fresh 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., of 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. 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.

Page No.# 3/3

List on 24.06.2024.

JUDGE

Comparing Assistant