Kapil Roy vs The State Of Assam And Anr
2024 Latest Caselaw 3966 Gua

Gauhati High Court

Kapil Roy vs The State Of Assam And Anr on 5 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/2

GAHC010108602024




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

                            Case No. : Bail Appln./1621/2024

           KAPIL ROY
           S/O SRI MAKHAN LAL ROY
           VILL- SRIRAMPUR, P.S. KAILASHAR
           DIST. UNAKUTI, TRIPURA
           PIN-799277

           VERSUS

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

           2:DILWARA BEGUM
            D/O LATE NAZIMUDDIN

           VILL- MASLEY
           P.O. BHANGA BAZAR

           P.S. BADARPUR
            DIST. KARIMGANJ ASSAM

Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 05.06.2024

Heard Mr. S. C. Biswas, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State Page No.# 2/2

respondent No.1.

Call for the scanned copy of trial court record of Badarpur PS Case No. 81/2024 (POCSO 15 of 2024) under Section 341/325/354 of IPC read with section 8 of POCSO Act along with the statement of the witnesses recorded so far.

Registry is directed to procure the same.

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.

Mr. B. Sarma, learned Additional Public Prosecutor submitted that prior to lodging of this FIR the accused has filed another FIR which was registered as Badarpur PS Case No. 80/2024 under Section 147/341/325/307/327 IPC.

Call for the case diary of Badarpur PS Case No. 80/2024.

List the matter on 18.06.2024.

JUDGE

Comparing Assistant