Raju Gowala vs The State Of Assam And 2 Ors
2024 Latest Caselaw 8117 Gua

Gauhati High Court

Raju Gowala vs The State Of Assam And 2 Ors on 6 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                              Page No.# 1/3

GAHC010154032023




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

                          I.A.(Crl.)/693/2023

         RAJU GOWALA
         S/O LATE HARI GUWALA
         R/O AMOLAPATTY
         DIPHU TOWN
         P.O. AND P.S.- DIPHU
         DIST.- KARBI ANGLONG.


          VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REP. BY THE P.P.
         ASSAM.

         2:SAJAL SAHA
         S/O FAKIRA SAHA
          R/O JHILMIL
          P.S.- DIPHU
          P.O.- DIPHU
          DIST.- KARBI ANGLONG
          PIN- 782460.

          3:MISS X .
         (VICTIM GIRL) D/O SAMBHU SAHA
          R/O RONGSAMPHRI
          DIPHU TOWN
          P.O. AND P.S.- DIPHU
          DIST.- KARBI ANGLONG
          ASSAM
          PIN- 782460.
          ------------
          Advocate for : MR N M HAZARIKA
         Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
                                                                          Page No.# 2/3




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 06.11.2024

Heard Mr. N.M.Hazarika, learned counsel for the applicant. Also heard Mr. D.Das, learned Addl. Public Prosecutor, Assam for the State opposite party No.1.

The learned Additional P.P. seeks three weeks' time to file objection. Prayer is allowed.

Issue notice to the opposite party 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 appellant 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.

Page No.# 3/3

List after 03(three) weeks.

JUDGE

Comparing Assistant