Najir Hussain @ Nazir Hussain vs The State Of Assam And Anr
2022 Latest Caselaw 3300 Gua

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GAHC010167972022




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

                                 Case No. : Crl.Pet./863/2022

            NAJIR HUSSAIN @ NAZIR HUSSAIN
            S/OLATE JOBBAR ALI
            R/O VILL- BHANDANI (DAWAGURI), P.O. MAJERGAON
            P.S. CHAPAR, DIST. DHUBRI, ASSAM


            VERSUS

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

            2:JULEKA KHATUN
             D/O JOLIL SK.
            W/O NAJIR HUSSAIN
            R/O VILL- MAJERGAON (RONGAMATI)
            P.O. MAJERGAON
             P.S. CHAPAR
             DIST. DHUBRI
            ASSA

Advocate for the Petitioner   : MR. A RAHMAN

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 31.08.2022

Heard Mr. A. Rahman, learned counsel for the petitioner as well as Mr. Bhaskar Sarma, learned counsel for the State respondent no.1.

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2. By filing this criminal petition under section 482 Cr.P.C., the petitioner has prayed for setting aside and quashing of the judgment and order dated 02.07.2022, passed by the learned Addl. Sessions Judge, Bilasipara in Crl. Appeal No. 5/2021.

3. The grievance of the petitioner is that by an order dated 04.07.2019, passed by the learned Sub Divisional Judicial Magistrate (M), Bilasipara in Misc. Case No. 115/2018 under section 125 Cr.P.C., the petitioner had been directed to pay monthly maintenance of Rs.2,000/- to the respondent no.2 and a sum of Rs.1,000/- for the minor daughter from the date of the order. Accordingly, it was contended that while passing the impugned order, the previous order of maintenance was not considered.

4. Issue notice, including notice on the prayer for interim relief returnable on 21.10.2022.

5. The petitioner shall take steps within 2 (two) days for service of notice on the respondent no.2 by registered post as well as by usual process. No steps is required to be taken in respect of respondent no.1, as the State is represented by the learned Addl. P.P.

6. The Interim prayer shall be considered after notice is served on the respondent no.2.

7. List on 21.10.2022.

JUDGE

Comparing Assistant