Anarul Islam @ Hoque vs The State Of Assam And Anr
2024 Latest Caselaw 4076 Gua

Gauhati High Court

Anarul Islam @ Hoque vs The State Of Assam And Anr on 7 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/2

GAHC010108232024




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

                                Case No. : Crl.Rev.P./215/2024

            ANARUL ISLAM @ HOQUE
            S/O NURUL HOQUE, R/O VILL- LENGRIBORI, WARD NO. 02, P.O.-
            MOIRABARI, P.S.-MOIRABARI, DIST-MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MUSSTT. SAJIDA KHATUN
            W/O RAMJAN ALI
             R/O VILL- LENGRIBORI
            WARD NO. 3
             P.S.-MOIRABARI
             DIST- MORIGAON
            ASSA

Advocate for the Petitioner   : MR A L MANDAL

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 07.06.2024 Heard Mr. A. L. Mandal, 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.

By this application under Section 397/401 Cr.P.C., the petitioner has prayed for quashing and setting aside the orders dated 03.04.2025 and 07.05.2024 passed by the learned Special (POCSO) Case No. 53/2024, under Section 366/376(1) of IPC, R/W Section 4 of POCSO Act.

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