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Gauhati High Court

Ajmir Pramanik vs The State Of Assam And Anr on 7 February, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/2

GAHC010022912025




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

                              Case No. : AB/236/2025
          AJMIR PRAMANIK
          S/O ABDUL HUSSAIN PARAMANIK,
          R/O VILLAGE CHITHILAGHOP, PS FAKIRAGRAM DISTRICT KOKRAJHAR
          (BTC), ASSAM
          VERSUS
          THE STATE OF ASSAM AND ANR
          REP. BY THE PP, ASSAM
          2:MD JAHANUDDIN AHMED
           S/O ABDUL GOFUR
          VILLAGE- CHITHILAGHOP PS FAKIRAGRAM
          DISTRICT- KOKRAJHAR BTC
           ASSA

Advocate for the Petitioner : MR. A LAL, P GANDHIYA,B C SANGTAM,M K DEB,MR A
BRAHMA
Advocate for the Respondent : PP, ASSAM,




                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 07.02. 2025 Heard Mr. M.K. Deb, learned counsel for the petitioner and Mr. R.R. Koushik, learned Addl. Public Prosecutor for the State respondent No.1.

This is an application under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with Fakiragram P.S. Case No. 02/2025 under Sections 61(2)/ 87/ 127(2)/ 351(2)/ 351(3) of BNS, 2023 read with Section 4 of the POCSO Act, Page No.# 2/2 2012.

Issue notice to the respondent No. 2.

The present application is arising out of POCSO Act. Accordingly, in view of the above facts and in terms of this Court's order passed in Dipak Nayak Vs. State of Assam ( Crl. Appeal [(J) 40/2022)], notice be issued to the victim/ guardian of the victim/ informant through the Officer-in-Charge Fakiragram 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 Public Prosecutor, Assam. The Public Prosecutor shall thereafter forward the same to the Officer-in-Charge of Fakiragram Police Station, who shall serve the same to the victim/ guardian of the victim/ informant.

The concerned Officer-in-Charge, thereafter shall give a report of service of the petition/notice to this Court.

Steps be taken within 3 days.

Call for the case diary including statement of the victim recorded under Section 183 of BNS and the medical report.

List the matter 24.02.2025.

JUDGE Comparing Assistant