Chandan Borah vs The State Of Assam And Anr
2024 Latest Caselaw 6521 Gua

Gauhati High Court

Chandan Borah vs The State Of Assam And Anr on 3 September, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/2

GAHC010107562024




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

                           Case No. : Bail Appln./1584/2024

          CHANDAN BORAH
          S/O LATE BULMONI BORAH
          R/O NAHORANI BALICHANG
          P.S. BALICHANG
          DIST. BISHWANATH CHARIALI, ASSAM

          VERSUS

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

          2:SMT. SANGITA DEVI
          W/O TUNU SINGH
          R/O SHANTI NAGAR
          FOREST GATE

          NOONMATI
          P.S. NOONMATI
          DIST. KAMRUP (M)
          ASSA

Advocate for the Petitioner : MR S BORTHAKUR, MR S DAS
Advocate for the Respondent : ,

                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

03.09.2024

Heard Mr. S. Das, learned counsel for the petitioner and Mr. B. Sarma, learned Page No.# 2/2

Additional Public Prosecutor.

Learned counsel for the petitioner submits that as per office note dated 03.08.2024 he wants to take fresh step for service of notice upon the respondent No.2.

Learned counsel for the petitioner is directed to take fresh 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., 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 after 2(two) weeks.

JUDGE

Comparing Assistant