Habijur Rahman @ Hafizur Rahman vs The State Of Assam And Anr
2025 Latest Caselaw 3436 Gua

Gauhati High Court

Habijur Rahman @ Hafizur Rahman vs The State Of Assam And Anr on 24 February, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010030122025




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

                                   Case No. : AB/396/2025

            HABIJUR RAHMAN @ HAFIZUR RAHMAN
            S/O BILLAL HUSSAIN
            R/O BAGEKHAITI P.S.ABHAYAPURI
            DIST.BONGAIGAON, ASSAM



            VERSUS

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

            2:HANIF ALI AHMED
             S/O LT. ZAHAR ALI
            VILL-GOALPARA PART-I

            P.O. GOLAPARA
            P.S. ABHAYAPURI

            DIST.BONGAIGAON
            ASSAM
            PIN-783384
            MOBILE NO. 700216719

Advocate for the Petitioner   : MR. B B GOGOI, MR. S HANDIQUE,S. HUSSAIN,MR. A S
CHOUDHURY

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 24.02.2025

Heard Mr. B.B. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Sarma, 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 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. Sarma, Addl.P.P. has entered appearance.

Extra copy of the petition shall be provided to Mr. Sarma. Call for the scanned copy of trial court record, pertaining to Abhyapuri P.S. Case No. 90/2024 under Section 354(C) of IPC r/w Section 15 of POCSO Act, 2012, pending before the learned Additional District and Sessions Judge, Abhayapuri, Bongaigaon.

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The Registry is directed to procure the same. List the matter after two weeks.

JUDGE

Comparing Assistant