Gauhati High Court
Anarul Hussain @ Anal Islam vs The State Of Assam And Anr on 21 April, 2025
Author: Malasri Nandi
Bench: Malasri Nandi
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GAHC010072292025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./122/2025
ANARUL HUSSAIN @ ANAL ISLAM
S/O- MD. DAHER @ JAHER ALI, R/O- VILL- JENGONI, P.S DHING, DIST-
NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MUST. LALBAGH BEGUM
W/O MD. TUBAHID RAHMAN
R/O VILL- JAGIROAD
P.S.- JAGIROAD
DIST- MORIGAON (ASSAM
Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 21.04. 2025
Heard Mr. M.A. Sheikh, learned counsel for the petitioner and Mr. B.
Sarma, learned Addl. Public Prosecutor for the State respondent No.1.
This is an application under Section 442 and Section 438 of Bharatiya
Nagarik Suraksha Sanhita(BNSS), 2023, for revision of the impugned order
dated 21.01.2025, passed by the learned Special Judge (POCSO), Morigaon in
POCSO. Case No. 173/2021 (arising out of Jagiraod P.S. Case No. 558/2020)
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under Section 376 AB IPC read with Section 6 of the POCSO Act.
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 Jagiraod 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
Jagiroad 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 scanned copy of trial Court record including the order of
framing of charges and the evidence of the witnesses recorded so far.
Registry to procure the record.
List the matter after two weeks.
JUDGE
Comparing Assistant