Mintu Kalita vs The State Of Assam And Anr
2024 Latest Caselaw 4155 Gua

Gauhati High Court

Mintu Kalita vs The State Of Assam And Anr on 11 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                                  Page No.# 1/2

GAHC010116962024




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

                               Case No. : Bail Appln./1682/2024

            MINTU KALITA
            S/O SRI KAMAL KALITA
            RESIDENT OF VILLAGE ALEGJARI, PS CHHAYGAON, DIST KAMRUP
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP ASSAM

            2:WSI(P) PRIYA DUTTA
             D/O SRI KESHAB DUTTA

            CHHAYGAON POLICE STATION
            DIST KAMRUP ASSAM 78112

Advocate for the Petitioner   : MR. N MAHAJAN

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 11.06.2024

Heard Mr. A Chaudhury, learned counsel for the petitioner and Mr. B.Sharma, learned Additional Public Prosecutor, Assam for State respondent.

Page No.# 2/2

The learned counsel for the petitioners submits that he would like to take fresh step for service of notice to the respondent No. 2.

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.

Call for scanned copy of trial court record pertaining to POCSO Case No. 90/2024 pending in the Court of learned Special Judge, POCSO Act, Kamrup, Amingaon (Chhaygaon PS Case No. 112/2024).

Registry to procure the record.

List after 02(two) weeks.

JUDGE

Comparing Assistant