Riyajul Sarkar vs The State Of Assam And Anr
2025 Latest Caselaw 4093 Gua

Gauhati High Court

Riyajul Sarkar vs The State Of Assam And Anr on 13 March, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/2

GAHC010050242025




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

                                Case No. : Bail Appln./740/2025

            RIYAJUL SARKAR
            R/O KARDANGA KALABARI, P/S-SOUTH SALMARA, DISTRICT- SOUTH
            SALMARA MANKACHAR, ASSAM, PIN-783127

            VERSUS

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

            2:MOFIDA KHATUN
             R/O- SIJUBARI
             NIZORA PATH
             PS- HATIGAON
             DISTRICT-KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. A Z AHMED, MR. A KHALEK

Advocate for the Respondent : PP, ASSAM,


                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 13.03.2025

Heard Mr. A. Khalek, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Prosecutor for the State.

The learned counsel for the petitioner is directed to take step for service of notice to the respondent No. 2.

Page No.# 2/2

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. Goswami, Addl.P.P. has entered appearance.

Extra copy of the petition shall be provided to Mr. Goswami. Call for the scanned copy of trial court record including the order of framing of charge and statement of the witnesses recorded so far, pertaining to Sessions(Spl) Case No. 234/2024 (arising out of Hatigaon P.S. Case No. 111/2024 under Section 366(A)/376 IPC r/w Section 4 of POCSO Act, pending in the court of learned Additional Sessions Judge

-cum- Special Judge, POCSO, Kamrup(M). The Registry is directed to procure the same.

List the matter after two weeks.

JUDGE Comparing Assistant