Phanindra Nath @ Bhujen vs The State Of Assam And Anr
2024 Latest Caselaw 8552 Gua

Gauhati High Court

Phanindra Nath @ Bhujen vs The State Of Assam And Anr on 21 November, 2024

                                                                  Page No.# 1/2

GAHC010226352024




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

                         Case No. : I.A.(Crl.)/1121/2024


         PHANINDRA NATH @ BHUJEN
         S/O. BIREN NATH
         R/O. BOGORIGURI
         P/O. AND P/S. MORIGAON
         DIST. MORIGAON
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR
         REP. BY THE PP
         ASSAM.

         2:RUPJYOTI BORDOLOI
         W/O. PHANINDRA PATAR
          R/O. NA-BHETI VILLAGE
          UDAYNAGAR
          P/O AND P/S. MORIGAON
          DIST. MORIGAON
         ASSAM.
          ------------
         Advocate for : MR. I CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 21.11.2024

Heard Mr. I. Choudhury, learned counsel for the appellant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for State respondent.

This interlocutory application is filed under Section 389 of the Code of Criminal Procedure, 1973, challenging the impugned judgment and order dated 09.09.2024 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon in connection with POCSO Case No.86/2021.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. Baruah, learned Additional Public Prosecutor for State respondent, has entered appearance and accepted notice on behalf of the respondent No.1, no formal notice is required to be issued to the said respondent. However, he shall be furnished with the requisite extra-copy of the petition during the course of the day.

The learned counsel for the applicant shall take steps for service of notice upon the respondent No.2 by registered post with A/D as well as by usual process.

List the matter immediately after received of the LCR.

JUDGE

Comparing Assistant