Md Rafik Ali @ Rafikul Ali vs The State Of Assam And Anr
2022 Latest Caselaw 554 Gua

                                                                Page No.# 1/2

GAHC010013412022




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

                                 Case No. : Crl.Pet./102/2022

            MD RAFIK ALI @ RAFIKUL ALI
            S/O MD. TABI ALI @ TARI SHEIKH
            VILL- CHAKARMUKH NO. 1,
            P.S. SIPAJHAR
            DIST. DARRANG, ASSAM



            VERSUS

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

            2:SEMINA YESMIN
             D/O MD AJMOL ALI
            VILL- CHAKARMUKH NO. 1

            P.S. SIPAJHAR
            DIST. DARRANG
            ASSA

Advocate for the Petitioner   : MR. A MOBARAQUE

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : --17.02.2022 Page No.# 2/2

This application under Section 482 Cr.P.C. read with Article 227 of the Constitution of India is preferred by Md. Rafik Ali @ Rafikul Ali for quashing and setting aside the impugned Judgment & Order dated 30.01.2019 passed by the learned Sessions Judge, Darrang, Mangaldoi in C.R. Case No. 17(D-2) of 2018 whereby the learned court below has upheld the impugned Judgment & Order dated 18.05.2018 passed by the learned Chief Judicial Magistrate, First Class, Darrang, in M.R. Case No. 48/2015 under Section 125 Cr.PC.

It is to be noted here that vide impugned Judgment & Order dated 18.05.2018 the learned Chief Judicial Magistrate, Darrang, Mangaldoi has directed the petitioner to make payment of maintenance @ Rs. 6,500/- per month to Miss. Risha Yasmin, minor daughter of the respondent No. 2, Ms. Semina Yasmin.

Heard Mr. A. Mobaraque, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Addl. P.P. for the State respondent No. 1.

Let Notice be issued returnable in 4 (four) weeks.

Step be taken by registered post with A/D and also by usual process within a week from today.

Since Ms. S. Jahan, learned Addl. P.P. entered appearance on behalf of State respondent No. 1, no formal notice is required to be issued. However, extra copy of the petition be furnished by Ms. Jahan during the course of the day. In the meantime, it is directed that the petitioner shall clear all the arrear amount and only thereafter admission of this petition shall be considered.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant