Gauhati High Court
Md. Azizur Haque vs The State Of Assam on 16 October, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010160752022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./198/2022
MD. AZIZUR HAQUE
S/O. MD. MAINUL HAQUE, VILL. KACHARI PAM,
P.S. BOKO, DIST. KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
2:SMTI RENU DEVI
W/O SRI HARI DEV NATH
C/O SRI SARU BHARALI
BHARALI COMPOUND
MALIGAON PS JALUKBARI
DIST KAMRUP (METRO) PIN 78101
Advocate for the Petitioner : MR. A M BORA, MR. B RAHMAN,MR. V A CHOWDHURY,MR.
M S HUSSAIN
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/468/2022
MD. AZIZUR HAQUE
S/O. MD. MAINUL HAQUE
VILL. KACHARI PAM
P.S. BOKO DIST. KAMRUP (M) ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY PP
ASSAM.
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2:SMTI RENU DEVI
W/O SRI HARI DEV NATH
C/O SRI SARU BHARALI
BHARALI COMPOUND
MALIGAON PS JALUKBARI
DIST KAMRUP (METRO) PIN 781011
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Advocate for : MR. A M BORA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 16.10.2025
(M. Zothankhuma, J)
Mr. V.A. Chowdhury, learned counsel appears for the appellant, while Ms.
B. Bhuyan, learned Addl. Public Prosecutor, appears for the State.
2. The present appeal has been filed against the judgment dated 05.07.2022,
passed by the Court of the Special Judge (POCSO), Kamrup (M), Guwahati in
Sessions Case No. 401/2018, arising out of Jalukbari P.S. Case No. 1159/2018,
by which the appellant has been convicted and sentenced under Section 4 of
the POCSO Act.
3. This Court, while admitting the appeal on 26.08.2022, had directed the
counsel for the appellant to take steps for service of notice upon the
informant/respondent No. 2. Thereafter, vide order dated 05.05.2025, this Court
directed the learned counsel for the appellant to take fresh steps to be routed
through the office of the learned PP, Assam, for service of notice upon the
respondent No. 2, as the conviction and sentence involved the POCSO Act.
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4. A perusal of the subsequent orders passed by this Court shows that the
learned Addl. PP, Assam was to obtain the status report from the Officer-in-
Charge of the concerned Police Station as to whether the notice had been
furnished to the respondent No. 2.
5. In the order dated 19.09.2025 passed by this Court, the submission made
by the learned Addl. PP had been recorded, where the learned Addl. PP had
submitted that despite seeking information from the O/C of Jalukbari P.S., with
regard to whether notice had been served upon the respondent No. 2, no
communication had been made by the concerned O/C. As no communication
had been made by the O/C of Jalukbari P.S., this Court had, vide the above
order dated 19.09.2025, directed him to appear in person on 16.10.2025, to
explain as to whether notice had been served upon the respondent No. 2.
Unfortunately, the O/C of Jalukbari P.S. has not appeared in this Court today,
despite the order dated 19.09.2025.
6. A perusal of the above orders gives rise to an inference that no steps has
been taken by the O/C of Jalukbari P.S., to serve notice upon the respondent
No. 2. We are of the view that the matter needs to be taken seriously by the
police authorities, inasmuch as, the order of this Court appears to have been
flouted, without any reasons being provided for the same.
7. Ms. B. Bhuyan, learned Addl. Public Prosecutor submits that she has not
been given any communication by the O/C of Jalukbari P.S., with regard to
service of notice that had to be affected on the respondent No. 2 by the O/C of
Jalukbari P.S. She also submits that the order dated 19.09.2025 had been duly
communicated by the office of the PP, Gauhati High Court on 20.09.2025 to the
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O/C of Jalukbari P.S. The order dated 19.09.2025 was again communicated
yesterday, i.e., 15.10.2025 to the O/C. Further, the Addl. PP had spoken on
phone on 15.10.2025 to the O/C of Jalukbari P.S., with regard to the order dated
19.09.2025.
8. In view of the reasons stated above, we direct the Director General of
Police, Assam, to ensure that the O/C of Jalukbari P.S. personally appears before
this Court on the next date, to explain as to whether the notice has been served
upon the respondent No. 2. If not served, the reasons for the same should be
given by the O/C of the Jalukbari P.S.
9. List this matter on 06.11.2025.
10. A copy of this order be served to Ms. B. Bhuyan, learned Addl. Public
Prosecutor for communicating the same to the DGP, Assam. Besides the above,
the Registry shall also serve a copy of this order to the DGP, Assam for directing
compliance of the order of the concerned O/C.
JUDGE JUDGE
Comparing Assistant
