Ratul Dutta vs Kalpana Chutia
2025 Latest Caselaw 3035 Gua

Gauhati High Court

Ratul Dutta vs Kalpana Chutia on 11 February, 2025

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GAHC010006582025




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

                                  Case No. : Crl.Rev.P./36/2025

            RATUL DUTTA
            S/O LATE BHODESWAR DUTTA
            R/O KUMARGAON VILLAGE,
            P.S.DERGAON
            DIST.GOLAGHAT, ASSAM



            VERSUS

            KALPANA CHUTIA
            SUPERVISOR,
            OFFICE OF THE CHILD DEVELOPMENT PROJECT OFFICER, GOLAGHAT
            WEST ICDS PROJECT,
            BOKAKHAT
            DIST. GOLAGHAT, ASSAM
            R/OKUMARGAON VILLAGE,P.S. DERGAON,
            DIST. GOLAGHAT, ASSAM



Advocate for the Petitioner   : MR B BORA, MR A B DUTTA,MR P S RAJA

Advocate for the Respondent : ,




                                      BEFORE
                    HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                              ORDER

Date : 11.02.2025

Heard Mr. B. Bora, learned counsel for the petitioner.

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2. This application under Section 442/528 of the BNSS, 2023 read with Article 227 of the Constitution of India has been filed by the petitioner Sri Ratul Dutta impugning the judgment and order dated 16.11.2024 passed by the learned Additional Sessions Judge, Golaghat in Criminal Appeal No.30/2023, whereby, the judgment and order dated 10.10.2023 passed by the learned Judicial

Magistrate 1st Class, Golaghat in Misc (DV) Case 10/2022 was set aside and directions were issued to the present petitioner for compliance.

3. The petitioner was directed to provide for alternate accommodation to the respondent. However, the learned counsel for the petitioner has submitted that amongst various directions, the direction No.

(d), which pertains to a prohibition on the petitioner from attempting to communicate with the respondent (aggrieved person) in any form, including personal, oral or written or electronic or telephonic contract has caused difficulty in complying with the direction for providing alternate accommodation to the aggrieved person.

4. Learned counsel for the petitioner submits that the petitioner is ready to comply with the directions issued by the Court of learned Additional Sessions Judge, Golaghat. However, the direction No.(d) itself is causing hindrance in complying with the other directions. Therefore, he prays for staying the operation of the direction No. (d) and (iii) till the pendency of this Revision Petition.

5. Issue notice to the respondent. The petitioner shall take steps for issuance of notice upon the respondent by registered post with A/D as well as usual mode within 3 (three) days from the date of this order, returnable on 06.03.2025. However, till the returnable date, the direction No.(d) i.e. attempting to communicate in any form whatsoever, with the aggrieved person including personal, oral or written or electronic or telephonic contact shall remain in abeyance till the next returnable date. Other interim relief shall be considered only after service of notice on the respondent.

6. The petitioner may approach the trial Court seeking any other relief by filing appropriate application.

7. List accordingly.

JUDGE

Comparing Assistant