Gauhati High Court

Jamirul Hoque vs The State Of Assam And Anr on 1 April, 2025

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

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GAHC010055872025




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

                                 Case No. : Crl.Pet./380/2025

             JAMIRUL HOQUE
             S/O- LATE NEKKAR ALI, R/O- VILL- BARUAPARA UNDER KOKRAJHAR
             POLICE STATION, DIST- KOKRAJHAR, ASSAM, PIN- 783370

             VERSUS

             THE STATE OF ASSAM AND ANR
             REP BY THE PP, ASSAM

             2:MOSSTT. HUSNARA ISLAM
              D/O MD. NUR ISLAM
             R/O VILL-JOYPUR
             P.O. KOKRAJHAR
              UNDER KOKRAJHAR POLICE STATION
              DIST. KOKRAJHAR
             ASSAM PIN-78337

Advocate for the Petitioner   : MR. M P SARMA, MR A CHAKRABORTY,MS. L DAS

Advocate for the Respondent : PP, ASSAM,


                                           BEFORE
            HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                           ORDER

01-04-2025

Heard Mr. A. Chakraborty, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

2. Aggrieved by the impugned judgment and order dated 02.11.2024, passed by the Page No.# 2/2

learned Sessions Judge, Kokrajhar, in Crl. Revn. No. 06/2024 (Husnara Islam Vs. Jamirul Hoque) and the order dated 13.02.2025, passed by the learned Chief Judicial Magistrate, Kokrajhar in Misc. Case No.32/2020, by which, the petitioner has been directed to deposit the pending arrear maintenance amount along with the monthly maintenance amount by appearing in the Court, till clearance of the arrear amount and deduction of monthly maintenance from his bank account by the concerned Drawing and Disbursing Officer (DDO) and further directed the DDO of the petitioner to deduct the monthly maintenance of Rs.18,000/- from his account and to credit the said amount in the bank account of said Husnara Islam, the petitioner has preferred this criminal petition.

3. Issue Notice, returnable by 30.04.2025.

4. As Mr. B. Sarma, learned Additional Public Prosecutor, Assam has accepted notice on behalf of the opposite party No.1, no formal notice need be issued to the said opposite party.

5. Petitioner shall serve requisite extra copies of this criminal petition along with the Annexures appended thereto to Mr. B. Sarma, learned Additional Public Prosecutor, Assam, by tomorrow, obtaining necessary acknowledgment from him in that regard.

6. Petitioner shall also take steps for service of notice on the opposite party No.2, by Registered post with A/D, within two days from today, providing her correct and proper address with requisite postal stamps.

7. The interim prayer of the petitioner shall be considered only after due service of notice of this criminal petition on the opposite party No.2.

8. List accordingly.

JUDGE

Comparing Assistant