Binanda Neog @ Jili vs The State Of Assam And Anr
2024 Latest Caselaw 4161 Gua

Gauhati High Court

Binanda Neog @ Jili vs The State Of Assam And Anr on 11 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010071232024




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

                                Case No. : AB/920/2024

           BINANDA NEOG @ JILI
           S/O LATE NIRMAL NEOG, R/O VILL- NO. 3 BHOLABORI, P.S.-
           NARAYANPUR, DIST- LAKHIMPUR, ASSAM

           VERSUS

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

           2:SMTI SWAPNA GOWALA
           W/O SRI KAN GOWALA
           VILL- NO. 3 BHOLABORI
            P.S.-NARAYANPUR
            DIST- LAKHIMPUR
           ASSA

Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

11.06.2024

Heard Mr. P. Hazarika, learned counsel for the petitioner as well as Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State respondent No.1.

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Learned counsel for the petitioner submits that he will take fresh step upon 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. Case diary received be retained.

List the matter on 28.06.2024.

JUDGE

Comparing Assistant