Mohammad Ali vs The State Of Assam And Anr
2024 Latest Caselaw 7849 Gua

Gauhati High Court

Mohammad Ali vs The State Of Assam And Anr on 28 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/2

GAHC010204792024




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

                               Case No. : AB/2719/2024

           MOHAMMAD ALI
           S/O ABU SHAMA @ ABU SHAMA ALI, R/O VILL- HARIRCHA PART-I, P.O.-
           MADRASAPARA, P.S.-MERERCHAR, DIST- BONGAIGAON, ASSAM

           VERSUS

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

           2:MOMTAJ KHATUN
           W/O JAYNAL ABDIN
           VILL- BAGULAMARI
            P.O.-LANGLA
            P.S.-KALGACHIA
            DIST- BARPETA
           ASSA

Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN
Advocate for the Respondent : PP, ASSAM,




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

28.10.2024

Heard Mr. A. K. Azad, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent Page No.# 2/2

No.1.

Call for case diary of Kalgachia PS Case No. 96/2024 along with statement of the victim recorded under Section 164 Cr.P.C and medical report.

As Mr. B. Sarma, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the petition along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice upon 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 the matter on 14.11.2024.

JUDGE

Comparing Assistant