Muntaz Ali vs The State Of Assam And Anr
2024 Latest Caselaw 3996 Gua

Gauhati High Court

Muntaz Ali vs The State Of Assam And Anr on 5 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                       Page No.# 1/2

GAHC010097212024




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

                               Case No. : Crl.A./144/2024

           MUNTAZ ALI
           S/O MOSIR SHEIKH,
           VILL.- LATAKHAT, P.S.- DHULA, DIST.- DARRANG, ASSAM.

           VERSUS

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

           2:SANSULI MUCHAHARI
           W/O GOBINDA MUCHAHARI

           VILL.- CHAMUAPARA (PACHNOI)
           P.S.- ORANG
           DIST.- UDALGURI
           ASSAM
           PIN- 784521

Advocate for the Petitioner : MR. A T SARKAR
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

05.06.2024

Heard Mr. A. T. Sarkar, learned counsel for the appellant as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent Page No.# 2/2

No.1.

By this application, the appellant has prayed for setting aside the impugned order dated 09.04.2024 and 12.04.2024 passed by the learned Special Judge, Udalguri in Special Case No. 45/2021 whereby the appellant was convicted under Section 8 of POCSO Act and sentenced to undergo rigorous imprisonment for three years and fine of Rs.10,000/-.

Appeal is admitted.

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 applicant 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.

Call for the trial court record.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant