Md. Jabir Hussain vs The State Of Assam And Anr
2023 Latest Caselaw 1480 Gua

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GAHC010068702023




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

                             Case No. : Crl.Pet./322/2023

           MD. JABIR HUSSAIN
           S/O MD. SAHJAHAN HUSSAIN
           R/O DEHAJAN NEAR DEHAJAN MAJID, P.O. DEMOW, P.S. MORAN, DIST.
           SIVASAGAR, ASSAM
           VERSUS
           THE STATE OF ASSAM AND ANR
           THROUGH THE PP, ASSAM

           2:MRS. BENJIR NARFA AZAM
           W/O MD. JABIR HUSSAIN
           D/O MUKIBUR RAHMAN
           R/O GELEKEY GGS NO. 1 GOAD

           P.O. AND P.S. GELEKEY
           DIST. SIVASAGAR
           ASSA

Advocate for the Petitioner : MR R CHAKRAVORTY
Advocate for the Respondent : PP, ASSAM




                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                      ORDER

Date : 11.04. 2023 Heard Mr. R. Chakraborty, learned counsel for the petitioner.

The petitioner has filed this application under Section 482 Cr.P.C read with Section 401 Cr.P.C. with prayer for quashing and setting aside the impugned Page No.# 2/2

judgment and order dated 01.02.2023, passed by the learned Sessions Judge, Sivasagar in Criminal Revision No. 25(3)/2022 as well as the judgment and order dated 06.07.2022, passed by the learned SDJM, Nazira in Misc. Case No. 26/2020 directing the petitioner to pay Rs. 7,000/- per month as maintenance to the respondent No. 2 and her minor daughter being per incuriam to the settled law of the land passed by the Hon'ble Supreme Court in Crl. Appeal No. 730/2020, as no affidavit of disclosure and liabilities submitted by the respondent.

Issue notice to the respondent No. 2.

The petitioner shall take steps for service of notice upon the respondent No. 2 by registered post with A/D as well as usual process.

The notice is made returnable on 22nd May, 2023.

Steps be taken within 3 days from today.

No formal notice is required to be issued to the respondent No. 1 as Mr. KK Das, learned Addl. Public Prosecutor has entered appearance and accepted notice on behalf of the State respondent No 1. However, extra copy of the petition be furnished to the learned counsel for the respondent No. 1 during the course of the day.

Call for scanned copy of the LCR.

List the matter accordingly.

JUDGE

Comparing Assistant