Surya Devi vs The State Of Assam And Anr
2022 Latest Caselaw 2957 Gua

                                                                 Page No.# 1/2

GAHC010303842019




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

                                Case No. : Crl.Rev.P./406/2022

            SURYA DEVI
            W/O. LATE RAJDEV PRASAD, ALOOPATTY, WARD NO.7, GOLAGHAT TOWN,
            P.O. AND P.S GOLAGHAT, DIST. GOLAGHAT, ASSAM, PIN- 785621



            VERSUS

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

            2:PREM PRASAD
             S/O. LATE RAJDEV PRASAD
            ALOOPATTY
            WARD NO.7
             GOLAGHAT TOWN
             P.O. AND P.S. GOLAGHAT
             DIST. GOLAGHAT
            ASSAM
             PIN- 78562

Advocate for the Petitioner   : MR. S P SINGH

Advocate for the Respondent : PP, ASSAM
                                                                                      Page No.# 2/2


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

12.08.2022

Heard Mr. S. Hazarika, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. This criminal revision petition under Section 401 read with section 482 of the Code of Criminal Procedure, 1973 [Cr.P.C.] is directed against a judgment and order dated 30.07.2019 passed by the Court of Additional Sessions Judge, Golaghat ['the appellate court', for short] in Criminal Appeal no. 28/2017, whereby, the final order dated 28.07.2017 passed by the learned Court of Sub-Divisional Judicial Magistrate [S], Golaghat ['the trial court', for short] in Misc. [DV] case no. 10/2016 has been reversed. By the said order dated 28.07.2017, the learned trial court directed the respondent no. 2 to pay maintenance to the petitioner @ Rs. 1,500/- per month to the aggrieved person [the respondent no. 2] under the provisions of the Protection of Women from Domestic Violence Act, 2005.

Let the revision petition be admitted.

Issue notice to the respondents, returnable in 4 [four] weeks. As Mr. Borthakur, learned Additional Public Prosecutor has appeared and accepted notices on behalf of the respondent no. 1, no formal notice needs to be issued to the said respondent. Mr. Hazarika shall furnish an extra copy of the criminal revision petition along with the annexures, to Mr. Borthakur within 3 [three] working days. The petitioner shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within a period of 3 [three] days from today.

JUDGE

Comparing Assistant