Ashok Mistry @ Ashok Mistri vs The State Of Assam And Anr
2024 Latest Caselaw 7452 Gua

Gauhati High Court

Ashok Mistry @ Ashok Mistri vs The State Of Assam And Anr on 1 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                 Page No.# 1/3

GAHC010201122024




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

                                Case No. : Crl.Rev.P./399/2024

            ASHOK MISTRY @ ASHOK MISTRI
            S/O LATE GOLAP MISTRY @ MISTRI, RESIDENT OF MAJHIPARA,
            THAKURPUKUR PO THAKURPUKUR, PS HARIDAPUR, DIST SOUTH 24
            PARGANAH, WEST BENGAL, AND LAST ADDRESS BEING LIVE WELL
            FOUNDATION, JYOTIKUCHI, KRISHNANAGAR NEAR ISBT PS GARCHUK,
            DIST KAMRUP M ASSAM GUWAHATI 35



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PP ASSAM

            2:SRI RATUL DEY
             S/O LATE BIPUL DEY

            RESIDENT OF HOUSE NO. 14
            KAHILIPARA
            JOURNALIST COLONY
            SOUTH JONAKPUR
            GUWAHATI 19
            DIST KAMRPU M ASSA

Advocate for the Petitioner   : L K BORAH,

Advocate for the Respondent : PP, ASSAM,
                                                                          Page No.# 2/3

                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 01.10.2024

Heard Mr. L.K. Borah, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. This application has been preferred under Section 442 r/w Section 438 of BNSS, 2023, against the impugned order dated 26.07.2024 passed by the learned Speical Judge (POCSO), Kamrup(M) at Guwahati in Sessions Case Special (POCSO) Case No. 194/2024 (arising out of Dispur P.S. Case No. 360/2024).

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 because Mr. Parasar, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Mr. Parasar.

Page No.# 3/3

Call for the scanned copy of trial court record including the order of framing of charge and evidence of the witnesses recorded so far, pertaining to Sessions Case Special (POCSO) Case No. 194/2024, pending in the court of learned Speical Judge (POCSO), Kamrup(M) at Guwahati. The Registry is directed to procure the same.

It is submitted by the learned counsel for the petitioner that scanned copy of trial court record is available in this Court in connection with BA No.

The Registry is directed to tag the same in the record. List the matter after ensuing puja vacation.

JUDGE

Comparing Assistant