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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN, J.
Mizanur Rahman, S/o. Nur Hussain and Ors. – Petitioners
Versus
The State Of Assam, Rep. By The PP, Assam and Anr. – Respondents
AB No.4363 Of 2023
Decided On : 19-01-2024
POCSO Act - Notice Issuance - The court ordered the issuance of notice to the respondent No.2 under section 12 of the POCSO Act and IPC sections, retaining the case diary and continuing the interim order.
Fact of the Case:
The court noted that no notice had been issued to the respondent No.2 in a case registered under section 12 of the POCSO Act and IPC sections.
Finding of the Court:
The court ordered the issuance of notice to the respondent No.2 and retention of the case diary, while continuing the interim order.
Issues: Failure to issue notice to the respondent No.2 in a case under the POCSO Act and IPC sections.
Ratio Decidendi: The court's decision was influenced by the requirement to provide notice to the respondent No.2 in accordance with the provisions of the POCSO Act and IPC sections.
Final Decision: The court ordered the issuance of notice to the respondent No.2, retention of the case diary, and continuation of the interim order.
ORDER :
1. Mr. P. S. Lahkar, learned Addl. P.P. pointed out that the case is registered u/s 12 of the POCSO Act, apart from the Sections under IPC, but no notice has been issued to the respondent No.2 till date.
2. The learned counsel for the applicant also fairly submits that no notice has been issued to the informant till date.
3. Accordingly it is provided that notice be issued to the respondent No.2 by registered post and also by usual process and also through the Officer-in-Charge, jurisdictional Police Station returnable on 30.01.2024.
4. Till then the case diary be retained.
5. Interim order dated 22.12.2023 shall continue till then.
AI
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