Page No.# 1/2 vs The State Of Assam And Anr
2025 Latest Caselaw 2952 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam And Anr on 7 February, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/2

GAHC010020822025




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

                                   Case No. : AB/241/2025

            MD JAINALL ALI @ JAYNAL ALI AND ANR
            S/O LATE UMAR ALI
            R/O VILL-BHABANIPUR, B BLOCK,
            P.S. BARBARI
            DIST.BAKSA, ASSAM

            2: KAHILA BIBI
            W/O MD JAINAL ALI
             RESIDENT OF VILL_ BHABANIPUR
             B BLOCK
             P.S- BARBARI
             DISTRICT- BAKSA ASSA

            VERSUS

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

            2:MD. ASHRAB ALI
             S/O LATE MASHRAB ALI
            R/OVILL-BHABANIPUR
             B-BLOCK
             P.S. BARBARI
             DIST.BAKSA
            ASSA

Advocate for the Petitioner   : MR P DAS, A DAS,MS N BARUAH

Advocate for the Respondent : PP, ASSAM,
                                                                              Page No.# 2/2

                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 07.02.2025

Heard Mr. P. Das, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. The learned counsel for the petitioners 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 petitioners 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 scanned copy of trial court record. The Registry is directed to procure the same.

List the matter after two weeks.

JUDGE

Comparing Assistant