Monirul Islam vs State Bank Of India And Anr
2024 Latest Caselaw 8015 Gua

Gauhati High Court

Monirul Islam vs State Bank Of India And Anr on 4 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/2

GAHC010219372024




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

                                Case No. : Crl.Pet./1311/2024

            MONIRUL ISLAM
            S/O. KAMAL SHEIK, R/O. VILL.- NAGARJHAR, P.S.- MANIKPUR, DIST.-
            BONGAIGAON, ASSAM.



            VERSUS

            STATE BANK OF INDIA AND ANR
            REP. BY THE PP, ASSAM.

            2:RAHAMAN ALI
             S/O. JUBBAR ALI
             R.O.- VILL. SHILGHAGRI
             P/S.- MANIKPUR
             DIST.- BONGAIGAON
            ASSA

Advocate for the Petitioner   : M M RAHMAN,

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 04.11.2024

Heard Mr. M.Rahman, learned counsel for the petitioner as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent No.1.

Page No.# 2/2

By filing this application under section 528 of the Bharatiya Nagarik Surakshya Sanhita, 2023, the petitioner has prayed for quashing of FIR vide Manikpur PS Case No.61/2024 under Section 448/363/376 (3) of the IPC r/w Section 6 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.

Issue notice to respondent No.2.

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 case diary, medical report and 164 CrPC Statement of the victim.

List on 22.11.2024.

JUDGE

Comparing Assistant