Rantu Sarkar vs The State Of Assam And Anr
2021 Latest Caselaw 2992 Gua

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GAHC010120322021




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

                                 Case No. : Crl.Pet./414/2021

            RANTU SARKAR
            S/O SRI MANORANJAN SARKAR
            R/O VILL- NO. 2 BARALIMARA
            P.S. BEHALI
            DIST. BISWANATH, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PP, ASSAM

            2:SMTI.ASHA SARKAR
            W/O SRI RANTU SARKAR
            D/O SRI UPEN MAJUMDAR
            R/O VILL- CHANDMARI BONGALI P.S. HALEM
            DIST. BISWANATH
            ASSAM
            PIN-78417

Advocate for the Petitioner   : MR S C DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

22.11.2021 Heard Shri S.C. Das, learned counsel for the petitioner, who has filed this application Page No.# 2/2

under Section 482 of the Cr.P.C. for quashing of a Judgment & Order dated 10.05.2021 passed by the Additional District & Sessions Judge, Biswanath Chariali in Criminal Revision No. 11 (S-2) of 2019. By the said Judgment & order, the learned Additional Sessions Judge has upheld the Judgment & Order dated 03.05.2019 passed in Misc. Case No. 27/2018 by the SDJM(M), Biswanath Chariali.

The proceeding was initiated by the respondent No. 2 under Section 125 of the Cr.P.C. It is the pleaded case of the respondent No. 2 that the petitioner was neglecting to maintain her, who is the wife and her two years old daughter. The learned SDJM(M) vide a Judgment & Order dated 03.05.2019 passed in Misc. Case NO. 27/2018 had allowed the petition by directing to pay an amount of Rs.2,000/- per month each to the respondent No. 2 and the minor daughter. The said Judgment & Order was unsuccessfully assailed before the learned Additional Sessions Judge, who had dismissed the revision petition vide the impugned Judgment & Order dated 03.05.2021 in Criminal Revision No. 11 (S-2) of 2019.

The learned counsel for the petitioner has submitted that he belongs to the BPL category and the maintenance was granted on an erroneous assumption regarding his monthly salary.

Issue Notice, returnable by 4(four) weeks.

Shri R.J. Baruah, learned Additional Public Prosecutor, Assam accepts notice on behalf of the respondent No. 2 whereas steps for service of notice upon the respondent No. 2 be taken by registered post with A/D. Steps within two days.

It is however made clear that no orders have been passed on the interim prayer of the petitioner.

List this case after 4(four) weeks along with service report.

JUDGE

Comparing Assistant