Liyakat Ali@ Riyakat Ali Laskar vs The Stateof Assam And Anr
2025 Latest Caselaw 2509 Gua

Gauhati High Court

Liyakat Ali@ Riyakat Ali Laskar vs The Stateof Assam And Anr on 30 January, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/3

GAHC010006672025




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

                                Case No. : Bail Appln./221/2025

            LIYAKAT ALI@ RIYAKAT ALI LASKAR
            SON OF LATE TAYAB ALI
            R/O VILL-DOBOKA TOWN,
            P.S. DOBOKA
            IN THE DISTRICT OF HOJAI, ASSAM



            VERSUS

            THE STATEOF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:SRI DINESH CH. DAS
             S/O LATE PADMA KT. DAS
            DISTRICT SOCIAL WELFARE OFFICER
             NAGAON CUM DISTRICT CHILD PROTECTION OFFICER

            NAGAON
            ASSAM AND ALSO PERMANENT RESIDENT OF BELTOLA
            P.A. OFFICE ROAD
            P.S. BASISTHA
            GUWAHATI N THE DISTRICT OF KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. P BORAH, MRS K M SAIKIA

Advocate for the Respondent : PP, ASSAM,
                                                                       Page No.# 2/3

                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

30.01.2025

Heard Mr. P. Borah, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State.

This is an application under Section 483 of BNSS, 2023, in connection with Special (POCSO) Case No.204/2023 (Nagaon P.S Case No. 47/2019), pending in the court of Learned Special Judge (POCSO), Nagaon, Assam.

As Mr. K.K. Parasar, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the petition along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice upon 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., of 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. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.

Page No.# 3/3

Call for the scanned copy of trial court record including the order of framing of charge and evidence of the witnesses recorded so far.

The Registry is directed to procure the same.

List after 2 (two) weeks.

JUDGE

Comparing Assistant