Rofiqul Islam vs The State Of Assam And Anr
2024 Latest Caselaw 3967 Gua

Gauhati High Court

Rofiqul Islam vs The State Of Assam And Anr on 5 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010110342024




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

                            Case No. : Bail Appln./1618/2024

           ROFIQUL ISLAM
           S/O ABDUL KADER @ KADER ALI
           @ ABDUL KADER SHEIKH
           R/O VILL- BAILORCHAR
           P.S. DHUBRI,
           DIST. DHUBRI, ASSAM

           VERSUS

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

           2:ANAR HUSSAIN
            S/O LATE ABDUL GONI

           R/O KOLAPANI PART-II
            JORDARPARA
           P.S. AND DIST. DHUBRI
           ASSAM PIN-78330

Advocate for the Petitioner : MR S H SIKDAR
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 05.06.2024

Heard Mr. S. H. Sikdar, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent No.1.

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Call for the scanned copy of case record of Special Case No. 180/2023 arising out of Dhubri PS Case No. 266/2023 under Section 365/376D/306 IPC R/W Section 6 of POCSO Act pending in the court of learned Additional Sessions Judge cum Special Judge, POCSO, Dhubri.

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.

List the matter after 2(two) weeks.

JUDGE

Comparing Assistant