Hemanga Das vs The State Of Assam And Anr
2022 Latest Caselaw 1580 Gua

Citation : 2022 Latest Caselaw 1580 Gua
Judgement Date : 11 May, 2022

Gauhati High Court

Hemanga Das vs The State Of Assam And Anr on 11 May, 2022

                                                                 Page No.# 1/2

GAHC010083152022




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

                                Case No. : Crl.Rev.P./200/2022

            HEMANGA DAS
            S/O CHAKRADHAR DAS
            R/O VILL- SANTINAGAR
            (JYOTITOWN), P.O. SANTINAGAR
            P.S. BARPETA, PIN-781314
            DIST. BARPETA, ASSAM



            VERSUS

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

            2:SMTI DALMITA DAS
            W/O SRI HEMANGA DAS
            D/O SRI RAM KUMAR DAS
            R/O VILL- ARANNYA BIHAR
             NEAR P.W.D. (R)
             DIVISIONAL OFFICE
             P.O. AND P.S. BARPETA
             PIN-781301
            DIST. BARPETA
            ASSA

Advocate for the Petitioner   : MR D K BORDOLOI

Advocate for the Respondent : PP, ASSAM
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                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

11.05.2022

Heard Mr. D. K. Bordoloi, learned counsel representing the appellant as well as Mr. K.K. Porasor, learned Additional Public Prosecutor, Assam.

2. This is an application under Section 397 read with Section 382 of the Code of Criminal Procedure against the judgment and order dated 08.02.2022 passed by the Principal Judge, Family Court at Barpeta in FC (Crl.) Case No. 93/2021.

3. The petitioner was directed to pay Rs.8,000/- per month as maintenance allowance under Section 125 of the CrPC to his wife.

4. The only ground taken by the petitioner is that he is an unemployed person and, therefore, he is not in a position to pay the said maintenance.

5. The revisional power of the High Court is a kind of supervisory power. In such a petition, High Court will look for perversity in the orders passed by a subordinate court. I have found that the judgments passed by the courts below are well reasoned one and does not require any interference of the High Court.

6. For the said reason, the revision petition is found to be any merit and stands dismissed accordingly.

JUDGE

Comparing Assistant