Md. Mojibur Ali @ Mojibur Rahman @ Jodu @ Budu vs. The State Of Assam
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Order Issued After Hearing
Purpose:
Orders
Before:
Hon'ble Honourable Mr. Justice Manish Choudhury , Honourable Mrs. Justice Mitali Thakuria
Listed On:
28 Aug 2024
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Order Text
GAHC010158462024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl. A./139/2024
MD. MOJIBUR ALI @ MOJIBUR RAHMAN @ JODU @ BUDU S/O- MD. ABDUL HAMID R/O- VILL- NO.2 KORIGAON P.S- SARUPATHAR DIST- GOLAGHAT ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM.
2:MAMTA BEGUM W/O- MUSLIM ALI A RESIDENT OF VILL NO-2 KORIGAON P.S- SARUPATHAR P.O- SARUPATHAR NAOJAN DIST- GOLAGHAT ASSAM PIN-785601.
Advocate for : MR. A AHMED Advocate for : PP, ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 28.08.2024 [Manish Choudhury, J.]
Heard Mr. A. Ahmed, learned counsel for the appellant and Ms. A. Begum, learned
Additional Public Prosecutor for the respondent no. 1, State of Assam.
Notice to the respondent no. 2-informant was earlier taken through registered post with A/D as well as by usual process.
As the offence involved is under Section 4 of the Protection of Children from Sexual Offences [POCSO] Act, 2012, steps for service of notice upon the respondent no. 2/informant/victim/guardian of the victim are required to be taken in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024 and the Order dated 23.06.2023 passed in Crl. A.[J] no. 40/2022 [Dipak Nayak vs. The State of Assam]. It is observed accordingly.
The learned counsel for the appellant shall furnish copies of the memo of appeal and the accompanying interlocutory application, I.A.[Crl.] no. 766/2024 to the office of the Public Prosecutor within 3 [three] working days from today for the purpose of serving it upon the informant/victim/guardian of the victim through the Officer In-Charge, Sarupathar Police Station. The learned Additional Public Prosecutor is to obtain and place a report of service of notice upon the respondent no. 2-informant from the Officer In-Charge, Sarupathar Police Station on or before the returnable date.
List the case after 3 [three] weeks.
JUDGE JUDGE
Comparing Assistant