Citation : 2025 Latest Caselaw 5446 Gua
Judgement Date : 17 June, 2025
Page No.# 1/2
GAHC010119862025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1862/2025
JAMIR ALI @ JOMIR
S/O- LATE HABEZ ALI,
R/O- TIHU TOWN, WARD NO 3, TIHU, DIST.-NALBARI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:MRS PUSPANJALI DAS
W/O- SRI RINKU DAS
VILL. AND P.O.- GHOGRAPAR
P.S.- GHOGRAPAR
DIST.-NALBARI
ASSAM. PIN-781369
Advocate for the Petitioner : MR. A M KHAN, MR T T MONI,MD. R ALI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
17.06.2025
Heard Mr. A. M. Khan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor.
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Call for the scanned copy of trial court record of Special POCSO Case No. 110/2024 (corresponding to Barbari PS Case No.33/2024 under Section 366/376(3) of the IPC read with Section 6 of POCSO Act) pending in the court of learned Special Judge (POCSO) Baksa, Assam.
As Mr. B. Sarma, 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.
List the matter after vacation.
JUDGE
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