Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 2140 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 21 January, 2025

                                                                          Page No.# 1/3

GAHC010174272024




                                                                  2025:GAU-AS:560

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

                                Case No. : Crl.Rev.P./332/2024

            KASHMI DIHINGIA
            W/O BIJU BURAGOHAIN
            VILL- KANDUGURI, P.O. KHUBALIA, P.S. DHEMAJI,
            DIST. DHEMAJI, ASSAM
            PIN-787057



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE LEARNED PP, ASSAM

            2:BIJU BURAGOHAIN
             S/O NABIN BURAGOHAIN
            VILL- DHARMANAGAR
             P.O. KHUBALIA
             P.S. DHEMAJI

            DIST. DHEMAJI
            ASSAM

            PIN-78705

Advocate for the Petitioner   : MR M HANDIQUE, MS. B LASKAR,MR. J ABBAS

Advocate for the Respondent : PP, ASSAM, MR. A BORUA (R-2),MS P SARMA(R-2),MR T
GOGOI(R-2)
                                                                               Page No.# 2/3

                                        BEFORE
               HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY


                                        ORDER

21-01-2025

1. Heard Mr. M. Handique, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the respondent No. 1. Also heard Mr. T. Gogoi, learned counsel for the respondent No. 2.

2. The present criminal revision petition is filed under Sections 438/442 read with Section 528 of the BNSS, 2023 against the judgment and order dated 17.08.2024 passed by the learned Additional Sessions Judge (F.T.C.), Dibrugarh in Criminal Appeal Case No. 18(2)/2024 whereby the order dated 21.11.2023 passed by the

learned Judicial Magistrate 1st Class, Dibrugarh in Case No. DV 14/2023 granting the interim maintenance of Rs. 10,000/- was interfered with for the reason that the aforesaid interim order lacks in reason.

3. By the impugned judgment and order dated 17.08.2024, the learned Additional Sessions Judge (F.T.C.), Dibrugarh, remanded back the matter to the learned Court

of Judicial Magistrate 1st Class, Dibrugarh for a fresh consideration.

4. This Court has perused the impugned order dated 17.08.2024 and do not find any infirmity in the aforesaid order.

5. This Court is also in agreement with the determinations made by the learned Additional Sessions Judge (F.T.C.), Dibrugarh that the interim order ought to have been passed after recording satisfaction of existence of prima facie case. Such conclusion cannot be said to be vitiated by any patent illegality.

6. In view of the aforesaid, the present criminal revision petition stands dismissed.

7. However, while parting with the record, it is made clear that while considering the Page No.# 3/3

interim prayer afresh, the learned Judicial Magistrate 1 st Class, Dibrugarh shall pass a reasoned order and shall not be influenced by any observation made in the order dated 17.08.2024 passed in Criminal Appeal Case No. 18(2)/2024 or made in the present order of this Court touching the merit of the claim of the each of the parties.

8. The parties to appear on 22.02.2024 before the learned Magistrate.

9. LCR be returned back.

JUDGE

Comparing Assistant