Citation : 2024 Latest Caselaw 5636 Gua
Judgement Date : 7 August, 2024
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GAHC010154442024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./296/2024
SATYAM KUMAR DAS
S/O SRI SUBHASH DAS, VILL- KALAIN, BRAHMANGRAM, P.O.-KALAIN,
P.S.-KATIGORAH, DIST- CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SUBHASH DAS
S/O LATE NITAI RAM DAS
VILL- CHANDIPUR PART-IV
P.O.-DIGHARKHAL
P.S.-KATIGORAH
DIST- CACHAR
ASSA
Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
07.08.2024
1. Heard learned counsel Mr. H. R. Choudhury for the petitioner Satyam Kumar Page No.# 2/3
Das.
2. This application has been filed by the petitioner under Section 442 read with
Section 528 of the BNSS, 2023 challenging the Judgment and order dated
21.06.2024 passed by the learned Principal Judge, Family Court, Cachar at
Silchar in FC (Crl) Case No. 49/2021 allowing the prayer of the respondent No. 2
to pay a maintenance of Rs. 7500/- each to the respondent No. 2 and his wife
who are petitioner's parents.
3. Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for
respondent No. 1.
4. Learned Additional Public Prosecutor has accepted notice on behalf of
respondent No. 1 and thus no formal notice is required to be issued. However,
sufficient copies of the petition to be furnished during the course of the day.
Issue notice to respondent No. 2 through registered post with A/D as well as
through usual process returnable within 4 (four) weeks.
5. Call for the scanned copies of the Trial Court Records.
6. Prayer for interim stay will be considered on the receipt of the Trial Court
Records.
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7. List accordingly.
JUDGE
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