Somir Hussain vs The State Of Assam And Anr
2025 Latest Caselaw 4805 Gua

Gauhati High Court

Somir Hussain vs The State Of Assam And Anr on 22 August, 2025

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GAHC010188272025




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

                               Case No. : Bail Appln./2729/2025

            SOMIR HUSSAIN
            S/O ISRAK ALI, R/O TEZPUR, P.O. KOTAMONI, P.S. BAZARICHERRA, DIST.
            SRIBHUMI, ASSAM.



            VERSUS

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

            2:ABDUL AZIM (INFORMANT)
             SON OF LATE IRFAN ALI
            TEZPUR
             KOTAMONI
             SRIBHUMI
            ASSA

Advocate for the Petitioner   : MR J ISLAM, E BEGUM

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                        HONOURABLE MR. JUSTICE PRANJAL DAS

                                           ORDER

Date : 22.08.2025

Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State.

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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. Baishya, 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, pertaining to Special (POCSO) Case No. 44/2025 under Section 137(2) of BNS, 2023 r/w section 4/18 of POCSO Act, pending in the court of learned Sessions Judge, Sribhumi. The Registry shall procure the same.

List on 08.09.2025.

JUDGE

Comparing Assistant