Citation : 2025 Latest Caselaw 4728 Gua
Judgement Date : 20 August, 2025
Page No.# 1/2
GAHC010169652025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1862/2025
SOFIQUL ISSLAM
S/O- AKBAR ALI.
R/O- VILL.- BAGHMARA, P.O.- GAURIPUR, P.S.- GAURIPUR, DIST.- DHUBRI,
ASSAM, PIN - 783331.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM.
2:SHAALOM SHEIKH.
S/O- HASEN ALI SHEIKH.
R/O- VILL.- MAJERCHAR
P.S.- DHUBRI
DIST.- DHUBRI
ASSAM
PIN - 783325
Advocate for the Petitioner : MR A A DEWAN, MR H A RASHID
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 20.08.2025
Heard Mr. A.A. Dewan, learned counsel for the petitioner. Also heard Page No.# 2/2
Mr. D.P. 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 has arisen out of the POCSO Act; accordingly, in view 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. After steps has been taken, the learned Additional Public Prosecutor is at liberty to obtain instruction regarding the service of notice upon the respondent No. 2.
Extra copy of the petition shall be provided to Mr. Goswami. List on 03.09.2025.
JUDGE
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