Parag Kr. Das vs Tutumoni Hazarika And Anr
2023 Latest Caselaw 3524 Gua

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GAHC010192422023




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

                              Case No. : Crl.Pet./924/2023

           PARAG KR. DAS
           S/O LATE CHANDIRAM DAS
           VILL- NOUTUN SINGRI
           P.O. NOUTUN SIRAJUL, P.S. DHEKIAJULI
           DIST. SONITPUR, ASSAM
           PIN-784110

           VERSUS

           TUTUMONI HAZARIKA AND ANR.
           D/O SRI LAKHI HAZARIKA
           VILL- DISANGMUKH,
           P.S.SIVASAGAR,
           DIST. SIVASAGAR, ASSAM
           PIN-785663

           2:THE STATE OF ASSAM
            REP. BY THE PP
           ASSAM

Advocate for the Petitioner : MR. P SARMAH
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                 ORDER

01.09.2023

Heard Mr. B. Sinha, learned counsel for the petitioner and also heard Ms. S. Zahan, learned Addl. P.P. for the State respondent No. 2.

2. In this petition, under Section 482 of the Cr.P.C., the petitioner has Page No.# 2/3

put to challenge the order dated 20.06.2023, passed by the learned Addl. CJM, Sivasagar, passed in Misc Case No. 33/2019, under Section 125 of the Cr.P.C.

3. It is to be noted here that vide order dated 20.06.2023, the learned court below has issued Non-Bailable Warrant of Arrest [NBWA] against the petitioner for non-payment of the maintenance amount, as ordered by the learned court below, vide judgment and order dated 10.05.2021. It is also to be noted here that vide aforementioned judgment and order dated 10.05.2021, the learned court below has directed the petitioner to pay maintenance to the petitioner herein to the respondent No. 1, @ 4,000/- per month and to pay a sum of Rs. 1,000/- being the cost of litigation.

4. Mr. Sinha, learned counsel for the petitioner submits that the petitioner has been suffering from serious illness and in support of his submission, Mr. Sinha referred to one certificate issued by the Medical and Health Officer of Martyr Manbar CHC, Dhekiajuli [Annexure - 3] and also one MRI report dated 22.09.2021. Mr. Sinha further submits that the petitioner is ready to make payment of the aforesaid amount along with the arrear amount and therefore, it is contended to stay the execution of the NBWA, issued against the petitioner, so that he can make payment of the amount before the learned court below, in installments.

5. Perusal of the said reports as indicated above reveals that the petitioner is suffering from Degenerative Cervical Spondylosis and severs left shoulder pain towards Cervical Spine and he is under continuous treatment till 15.07.2023.

6. Having heard the submissions of learned counsel for both the parties and considering the document placed on record, especially the medical reports from Page No. 31 - Page No. 34, this Court is inclined to direct the petitioner to Page No.# 3/3

appear before the learned court below within 10 days from today and to pay 50% of the amount including the arrear amount, before the learned court below.

7. The petitioner is also directed to produce the proof of payment before this court, on the next date i.e. 22.09.2023.

8. Till then the execution of the NBWA, issued against the petitioner, stands stayed.

9. List the matter on 22.09.2023, as fixed item.

JUDGE

Comparing Assistant