Citation : 2025 Latest Caselaw 8096 Gua
Judgement Date : 28 October, 2025
Page No.# 1/2
GAHC010233722025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3463/2025
ALONGBAR NARZARY
S/O- LABIN NARZARY ,
R/O- VILLAGE- DAORAIBARI, P.S.- PANBARI, DIST.-CHIRANG, BTAD,
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE P.P.ASSAM.
2:SANJIB MUSHAHARY
S/O- LT. JOLESHWAR MUSHAHARY
R/O-VILL- SAMARPUR
P.S AND DIST.-KOKRAJHAR
ASSAM
Advocate for the Petitioner : MR P K DAS, MR. M BARUAH
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 28.10.2025
Heard Mr. P.K. Das, learned counsel for the petitioner. Also heard Mr. P. Page No.# 2/2
Barthakur, learned Additional Public Prosecutor for the State.
The learned counsel for the petitioner is directed to take step for service of notice to the respondent No. 2.
The present application has arisen out of the POCSO Act; accordingly, in view 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. Barthakur, Addl.P.P. has entered appearance.
Extra copy of the petition shall be provided to Mr. Barthakur. Call for the scanned copy of case diary along with charge sheet and deposition, if any, pertaining to Special POCSO Case No. 64/2025, pending before Special Judge (POCSO), Kokrajhar. The Registry shall procure the same.
List on 13.11.2025.
JUDGE
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