Mofidul Islam vs The State Of Assam And Anr
2024 Latest Caselaw 8120 Gua

Gauhati High Court

Mofidul Islam vs The State Of Assam And Anr on 6 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                          Page No.# 1/2

GAHC010109712024




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

                                Case No. : Crl.Rev.P./224/2024

            MOFIDUL ISLAM
            S/O ABU TAHER MANDAL, R/O SIJUBARI (BIHARI BASTI), P.O. AND P.S.-
            HATIGAON, GUWAHATI-781038



            VERSUS

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

            2:MD. AJAJ
             S/O SAMIULLAH
            VILL- SIJUBARI
             BIHARIBASTI
             P.S.-HATIGAON
             GUWAHATI-
             DIST- KAMRUP (M)
            ASSA

Advocate for the Petitioner   : DR. T KALITA, MR P K DAS,MR A RAZZAK,MR. V K
CHANDAK

Advocate for the Respondent : PP, ASSAM,

                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 06.11.2024

Heard Dr.T.Kalita, learned counsel for the Petitioner. Also heard Mr. D.Das, Page No.# 2/2

learned Addl. Public Prosecutor, Assam for the State respondent No.1.

As per office note dated 04.11.2024, no steps has been taken by the petitioner on respondent No.2.

Issue 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.

List after 03(three) weeks.

JUDGE

Comparing Assistant