Gauhati High Court
Page No.# 1/2 vs The State Of Assam And Anr on 22 July, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010141222024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1835/2024
ABDULLA ALI SK @ ANR
S/O AKKAS ALI SK, R/O PUB GAIKHOWA PART-II, P.S.-GOLAKGANJ, DIST-
DHUBRI, ASSAM
2: AKKAS ALI SK
S/O LATE MOFIZ ALI
R/O PUB GAIKHOWA PART-II
P.S.-GOLAKGANJ
DIST-DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:JOHIRUL KHAN
S/O LATE SAMSUL KHAN
R/O PUB GAIKHOWA PART-I
P.S.-GOLAKGANJ
DIST-DHUBRI
ASSA
Advocate for the Petitioner : MR S RAHMAN
Advocate for the Respondent : PP, ASSAM
Page No.# 2/2
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 22.07.2024 Heard Mr. S. Rahman, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. Issue notice.
The learned counsel for the petitioners is directed to take step for service of notice to 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., concerned Police Station. The petitioners 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.
Call for the case diary along with the statement of the victim recorded under Section 164 Cr.P.C. pertaining to Golakganj P.S. Case No. 158/2024 under Section 331(4)/76 of BNS, 2023 r/w Section 8 of POCSO Act. List on 12.08.2024.
JUDGE Comparing Assistant