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2026 Supreme(Online)(Gau) 15902
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Saptarshi Das, Deputy Registrar (Bench)
ELIZA BEGUM @ ILIMA BGUM AND ORS – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent
Crl.Pet./903/2025
Important Points
Subject
Criminal Procedure - Service of Notice
Headnote
Issues: Whether fresh steps for service of notice upon the respondent are necessary due to the non-receipt of the previous service report.
For the Appellants/Petitioners: G R A Mottaquee
For the Respondents: PP, Assam
ORDER
Case taken up before the Lawazima Court.
None appears on behalf of the petitioners.
Perused the records.
A careful perusal of the instant case record reveals that this matter was previously listed before the Lawazima Court on 11.03.2026 and by the order passed on that day, the concerned section was directed to issue a reminder to the concerned authority requesting to furnish the process server’s report of the earlier notice dated 05.08.2025 issued through usual process to the respondent No. 2.
Accordingly, it appears that a reminder was issued to the office of the learned District Magistrate, Nalbari on 18.03.2026.
But as par the averments made in the recent office note dated 08.04.2026, the service report has not been received by the registry till date.
From the above, it may be discerned that a substantial amount of time has been passed since the issuance of notice dated 05.08.2025 to the respondent No. 2. Therefore, this Court is of the view that a fresh steps shall be taken upon the said respondent.
In view of the above, the petitioner is afforded one week time to take fresh steps for service of notice upon the respondent No. 2 by way of speed post mode [in terms of the Notification No. 85 dated 15th October, 2025 (at Flag-‘N’)] and by way of usual process mode [in terms of the Hon’ble Court’s order dated 30.07.2025]
Let the matter be listed before the Lawazima Court again on 22.05.2026.
