Jiyarul Islam vs The State Of Assam And Anr
2025 Latest Caselaw 2909 Gua

Gauhati High Court

Jiyarul Islam vs The State Of Assam And Anr on 6 February, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/2

GAHC010019552025




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

                                   Case No. : AB/220/2025

            JIYARUL ISLAM
            S/O AJAHAR ALI
            R/O MAJGAON
            P.S. CHHAYGAON
            DIST. KAMRUP, ASSAM

            VERSUS

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

            2:SUKUR ALI
             R/O MAJGUMI
             PUTHIMARI

            PS CHHAYGAON

            DIST. KAMRUP
            ASSA

Advocate for the Petitioner   : MR. A PARAMANIK, P. KALITA

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 06.02.2025

Heard Ms. P. Kalita, learned counsel for the petitioner. Also heard Mr. R.R. Page No.# 2/2

Kaushik, 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. Kaushik, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Mr. Kaushik. Call for the case diary along with the statement of the victim recorded under Section 164 Cr.P.C.(183 BNSS) and medical report, if any. List on 24.02.2025.

JUDGE

Comparing Assistant