Meharul Islam @ Meherul Ali vs The State Of Assam And Anr
2024 Latest Caselaw 4074 Gua

Gauhati High Court

Meharul Islam @ Meherul Ali vs The State Of Assam And Anr on 7 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/2

GAHC010041362022




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

                                 Case No. : Crl.A./154/2024

            MEHARUL ISLAM @ MEHERUL ALI
            S/O MUBARAK ALI,
            RESIDENT OF VILLAGE SAPMARI, P.O -SAPMARI, P.S.- MORIGAON, DIST
            MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI TANU BORUAH
             S/O UPEN BORUAH

            RESIDENT OF VILLAGE KONWARGAON
            PS DHAKUAKHANA
            DIST LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR. R PHUKAN

Advocate for the Respondent : PP, ASSAM


                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 07.06.2024 Heard Mr. P. Talukdar, learned counsel for the petitioner as well as Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State Page No.# 2/2

respondent No.1.

By this appeal under Section 374 Cr.P.C., the petitioner has prayed for quashing and setting aside the impugned order dated 23.10.2019 passed by the learned Special Judge (FTC), Lakhimpur, North Lakhimpur in Special(POCSO) Case No. 61/2019, wherein the appellant was convicted under Section 366 of IPC, R/W Section 4 of POCSO Act.

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 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 4(four) weeks.

Call for the trial court records.

JUDGE

Comparing Assistant