Muksidul Hoque vs The State Of Assam And Anr
2025 Latest Caselaw 4678 Gua

Gauhati High Court

Muksidul Hoque vs The State Of Assam And Anr on 19 August, 2025

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GAHC010181002025




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

                               Case No. : Bail Appln./2666/2025

            MUKSIDUL HOQUE
            SON OF ABDUL HAMID
            R/O MOHMARI PATHAR
            P.S. LAHARIGHAT
            DIST. MORIGAON, ASSAM

            VERSUS

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

            2:TAIJUL ISLAM
             S/O HASEN ALI
            R/O AUTOLABORI
            P.S. LAHARIGHAT
            DIST. MORIGAON
            ASSAM
            PIN-78212

Advocate for the Petitioner   : MR S M ABDULLAH P, MD R ISLAM,MD IMRAN,MS F
HUSSAIN

Advocate for the Respondent : PP, ASSAM,


                                    BEFORE
                        HONOURABLE MR. JUSTICE PRANJAL DAS

                                           ORDER

Date : 19.08.2025

Heard Ms. F. Hussain, learned counsel for the petitioner. Also heard Mr. D.P. Page No.# 2/2

Goswami, learned Additional Public Prosecutor for the State. 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. 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, pertaining to POCSO Case No. 115/2025, pending in the court of learned Special Judge, Morigaon. The Registry is directed to procure the same.

List on 05.09.2025.

JUDGE

Comparing Assistant