Sohid Ali vs Munija Khatun
2022 Latest Caselaw 1638 Gua

Citation : 2022 Latest Caselaw 1638 Gua
Judgement Date : 13 May, 2022

Gauhati High Court

Sohid Ali vs Munija Khatun on 13 May, 2022

                                                                           Page No.# 1/2

GAHC010079922022




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

                                Case No. : Crl.Pet./398/2022

             SOHID ALI
             S/O- LT. KAZIMUDDIN, VILL. HALDIBARI, P.O. DHUMERGHAT, P.S.
             LAKHIPUR, DIST.- GOALPARA, ASSAM.



             VERSUS

             MUNIJA KHATUN
             D/O- LT. ABDUL KHALEQUE, VILL. NOLONGA, P.S. BOGUAN, DIST.-
             GOALPARA, ASSAM, PIN- 783129.



Advocate for the Petitioner   : MR. J AHMED

Advocate for the Respondent :




                                         :: BEFORE ::
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                           ORDER

13.05.2022

By way of this petition under Section 482 CrPC, the petitioner has prayed for quashing of the impugned judgment and order dated 22.02.2022 passed by the learned Additional Sessions Judge, Goalpara in Crl. Appeal No.12/2021 Page No.# 2/2

upholding the judgment and order dated 07.04.2021 passed by the learned SDJM (S), Goalpara in PWDV Case No.215/2017.

Heard the learned counsel for the petitioner.

Let notice be issued to the sole respondent by registered post with A/D and usual process, returnable in 4(four) weeks.

Call for the legible scanned copy of the LCRs from both the forums. Registry will take necessary steps for requisitioning the same.

It is submitted that the petitioner has been arrested on the basis of distress warrant for non-payment of the awarded amount by the learned trial court and now the petitioner intends to pay 50% of the arrear amount and due to financial hardship, unable to pay such compensation amount at this stage. Prayer for arrear maintenance will be considered by the learned trial court in appropriate manner.

List after the returnable date.

Considering the submission that the accused petitioner has no such capacity to pay the entire amount of compensation amount; the direction, as regard the compensation, is stayed, until further order.

List accordingly.

JUDGE

Comparing Assistant