Bimal Chandra Mandal @ Bimal Mandal @ ... vs The State Of Assam And Anr
2024 Latest Caselaw 8338 Gua

Gauhati High Court

Bimal Chandra Mandal @ Bimal Mandal @ ... vs The State Of Assam And Anr on 13 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                 Page No.# 1/3

GAHC010234172024




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

                                 Case No. : Crl.Pet./1350/2024

            BIMAL CHANDRA MANDAL @ BIMAL MANDAL @ KALU
            S/O GURUCHARAN MANDAL
            R/O VILL- BASBARI NO. 2,
            P.O. SALABILA
            P.S. MANIKPUR
            DIST. BONGAIGAON, ASSAM
            PIN-783392



            VERSUS

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

            2:SRI BINDO RABI DAS
             S/O LATE BACHON RABI DAS
            R/O VILL- DHOLA PUKHURI
            P.O. SIMLAGURI
            P.S. BONGAIGAON

            DIST. BONGAIGAON
            ASSAM
            PIN-78338

Advocate for the Petitioner   : MR P S RAJA,

Advocate for the Respondent : PP, ASSAM,
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                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 13.11.2024

Heard Mr. P.S. Raja, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. This is an application under Section 528 of BNSS, 2023, praying for quashing the entire proceeding in connection with Special (P) Case No. 132/2023, pending in the court of learned Special Judge, Bongaigaion, whereby cognizance was taken against the petitioner under Section 376 IPC r/w Section 4 of POCSO Act.

Issue notice.

The learned counsel for the petitioner is directed to take 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., 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. concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. concerned P.S. shall thereafter give a report of service of the petition/notice to this Court. No formal notice required to be served upon the respondent No.1 as Page No.# 3/3

because Mr. Goswami, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Mr. Goswami. Call for the scanned copy of trial court record. The Registry is directed to procure the same.

List the matter after two weeks.

JUDGE

Comparing Assistant