Fazal Hoque vs Runa Laila
2025 Latest Caselaw 1844 Gua

Gauhati High Court

Fazal Hoque vs Runa Laila on 8 January, 2025

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GAHC010204982024




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

                                  Case No. : Crl.Rev.P./447/2024

            FAZAL HOQUE
            S/O ABDUL JOBBAR
            R/O VILL- BARUAPARA
            P.O. RANIGONJ
            P.S. SAPATGRAM
            DIST. DHUBRI, ASSAM



            VERSUS

            RUNA LAILA
            D/O ABDUL GAFUR
            R/O VILL- BHELAKOBA PART-III,
            P.O. SAPATGRAM
            P.S. SAPATGRAM
            DIST. DHUBRI, ASSAM



Advocate for the Petitioner   : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH

Advocate for the Respondent : ,
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                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 08.01.2025

Heard Mr. M. A. Sheikh, learned counsel for the petitioner.

This is an application under Section 442 read with Section 438 of BNSS, 2023 for setting aside the judgment and order dated 30.08.2024, passed by the learned Additional District and Session Judge, Bilasipara in Criminal Appeal No. 11/2023, whereby the order dated 28.07.2023, passed by the learned SDJM (M), Bilasipara in CR (DV) Case No. 34/2022 was partly allowed.

Issue notice to the respondent, returnable within 4 (four) weeks.

Steps for service of notice upon the sole respondent be taken through registered post with A/D as well as by usual process within a week from today.

Also, call for the LCR.

Further, considering the submission made by the learned counsel for the petitioner, the payment of compensation of Rs. 25,000/-, as granted by the learned Additional Session Judge, Bilasipara, shall remain stayed till next date of listing. However, the maintenance, as directed by the learned Additional Session Judge, Bilasipara, shall remain continued until further order.

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List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant