Gauhati High Court

Mamud Ali vs The State Of Assam And Anr on 15 May, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010099722025




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

                               Case No. : AB/1066/2025

           MAMUD ALI
           S/O MIRAJ ALI
           R/O PATHEKIBORI
           P.O.BURAGAON
           P.S.MAYONG
           DIST. MORIGAON,ASSAM

           VERSUS

           THE STATE OF ASSAM AND ANR.
           REPRESENTED BY THE PP, ASSAM

           2:IBRAHIM ALI
            S/O LATE LOKMAN ALI
           R/O BORKURANI
           P.O. GAGALMARI
           P.S. MAYONG
           DIST. MORIGAON
           ASSAM
           PIN-78212

Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM
Advocate for the Respondent : PP, ASSAM,




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

15.05.2025 Page No.# 2/3

Heard Mr. B. Islam, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor.

This is an application under Section 482 BNSS in connection with POCSO Case No. 50/2025 arising out of Mayong PS Case No. 27/2024 under Section 368/376 IPC read with Section 6 of POCSO Act pending in the court of learned Additional Sessions Judge cum Special Judge, Morigaon.

As Mr. Baishya, 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.

Call for the scanned copy of trial court record from the concerned court.

Registry to procure the same.

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List the matter on 30.05.2025.

JUDGE

Comparing Assistant