Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 2 Ors on 6 December, 2023
Page No.# 1/4
GAHC010249302023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./493/2023
MONJURUL HUSSAIN AHMED AND 3 ORS.
S/O LATE SAMIR UDDIN AHMED
R/O VILL- SRIKONA PART-I
P.S. SILCHAR
P.O.
DIST CACHAR, ASSAM
2: CHAMPA BEGUM
W/O LATE SAMIR UDDIN AHMED
R/O VILL- SRIKONA PART-I
P.S. SILCHAR
P.O.
DIST CACHAR
ASSAM
3: RINA BEGUM
W/O MOZIBUL HUSSAIN AHMED
R/O VILL- SRIKONA PART-I
P.S. SILCHAR
P.O.
DIST CACHAR
ASSAM
4: MOZIBUL HUSAIN AHMED
S/O LATE SAMIR UDDIN AHMED
R/O VILL- SRIKONA PART-I
P.S. SILCHAR
P.O.
DIST CACHAR
ASSA
VERSUS
THE STATE OF ASSAM AND 2 ORS.
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REP. BY THE PP, GOVT. OF ASSAM
2:SAHIDA FORJANA KHANAM
D/O FAIZUR RAHMAN AHMED
R/O VILL- SRIKONA PART-I
P.S. SILCHAR
P.O. SRIKONA
DIST. CACHAR
ASSAM
3:SAJIA NAWAZ AHMED
C/O SAHIDA FORJANA KHANAM
(THE RESPONDENT NO. 3 BEING MINOR
MAY BE REP. BY HER MOTHER I.E.
THE RESPONDENT NO. 2)
R/O VILL- SRIKONA PART-I
P.S. SILCHAR
P.O. SRIKONA
DIST. CACHAR
ASSA
Advocate for the Petitioner : MR. N H LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
06.12.2023
1. Heard Mr. N.H. Laskar, learned counsel for the petitioners.
2. The petitioner has filed this application under Sections 397/401 of the
Code of Criminal Procedure, 1973 (Cr.P.C for short) challenging the legality and
propriety of the order dated 09.08.2023 passed by the learned Addl. Sessions
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Judge, FTC, at Cachar, Silchar in Criminal Appeal No. 06/2021, enhancing the
compensation allowance of Rs. 1,00,000/- to 1,50,000/-. Vide judgment and
order dated 05.02.2021 passed by the Judicial Magistrate 1 st Class, Cachar,
Silchar in CR (DV) Case No. 88/2017.
3. The petitioner husband was directed to pay a compensation of Rs.
1,00,000/-, which has been already been paid by the petitioner in equal monthly
instalments for five months. The petitioner is also willing to pay the monthly
maintenance of Rs. 9,000/-+6,000/-=18,000/- but the petitioner husband
aggrieved by the enhancement of the compensation.
4. Heard Mr. D.P. Goswami, learned Addl. P.P. for the respondent no. 1. The
Addl. P.P. has accepted notice on behalf of the respondent no. 1, so no formal
notice is required to be issued to the respondent no. 1.
5. Issue notice to the respondent nos. 2 and 3 through registered post with
A/D as well as by usual process, returnable within 4(four) weeks.
6. The petitioner husband has submitted that he has to take care of his sister
as well as his old ailing parents. He is serving as a constable in the BSF and his
entire family is dependent on him. He is the sole bread winner of his family.
7. Call for the LCR of Criminal Appeal No. 06/2021 from the Court of Addl.
Sessions Judge, FTC at Cachar, Silchar, Assam and LCR of CR(DV) Case No.
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88/2017 from the Court of Judicial Magistrate First Class, Cachar, Silchar.
Meanwhile, payment of remaining enhanced part of the arrear enhanced by Rs.
1,50,000/- is stayed until further orders. Petitioner to continue paying the
monthly maintenance of Rs. 18,000/-
8. List this matter after 4(four) weeks.
JUDGE
Comparing Assistant
