Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 4112 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 10 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/3

GAHC010064122024




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

                                 Case No. : Crl.Pet./360/2024

            NUR ALOM AHMED AND ANR
            S/O LATE DERAJ UDDIN AHMED, R/O UDMARI PART-II, P.O.-LAKHIGANJ,
            P.S.-BILASIPARA, DIST-DHUBRI, ASSAM, PIN-783345

            2: NUR ISLAM
             S/O LATE SUKUR ALI
             R/O HAKAMA PART-V (BELTOLI)
             P.O.-HAKAMA
             P.S.-BILASIPARA
             DIST- DHUBRI
            ASSAM
             PIN-78334

            VERSUS

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

            2:HELENA AHMED
            W/O MAZIBOR RAHMAN
             R/O GOPIGAON PART-III
             P.O. AND P.S.-BILASIPARA
             DIST- DHUBRI
            ASSAM
             PIN-78334

Advocate for the Petitioner   : MR. M U MONDAL

Advocate for the Respondent : PP, ASSAM
                                                                          Page No.# 2/3

                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 10.06.2024

Heard Mr. M.U. Mondal, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No.1.

This application has been preferred under Section 482 Cr.P.C. praying for quashing of proceeding of Special (POCSO) Case No. 05/2019 (arising out of Bilasipara P.S. Case No. 1085/2018) pending in the court of learned Special Judge, Bilasipara, Dhubri.

Issue notice.

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 petitioners 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 scanned copy of trial court record and case diary pertaining to Special (POCSO) Case No. 05/2019 pending in the court of learned Special Judge, Bilasipara, Dhubri. The Registry is directed to procure the same.

Page No.# 3/3

List the matter after four weeks.

JUDGE

Comparing Assistant