Mudit Dugar vs Nisha Shyamsukha
2025 Latest Caselaw 4300 Gua

Gauhati High Court

Mudit Dugar vs Nisha Shyamsukha on 20 March, 2025

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GAHC010055092025




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

                                  Case No. : Crl.Rev.P./84/2025

            MUDIT DUGAR
            S/O SHRI BIMAL KUMAR DUGAR
            R/O 5TH FLOOR, BLOCK- C CHINMOY COMPLEX NEAR TOKOBARI KALI
            MANDIR ATHGAON, GUWAHATI -781001
            PHONE NO. 97064-61399



            VERSUS

            NISHA SHYAMSUKHA
            W/O RAJESH SHYAMSUKHA R/O FLAT NO 6804, BLOCK- 6 NEHA
            APARTMENT, S.J. ROAD ATHGAON, GUWAHATI 781001



Advocate for the Petitioner   : MR. A K PURKAYASTHA, MR. S SHARMA,N KUMARI

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

Date : 20.03.2025

Heard Mr. A. K. Purkayastha, learned counsel for the petitioner.

This is an application under Sections 442 & 438 read with Section 528 of BNSS challenging the validity of the impugned judgment and order dated 13.12.2024, passed by the learned Additional Sessions Judge, FTC No. 2, Kamrup(M), Guwahati in Criminal Appeal No. 63/2024, upholding the Orders dated 16.12.2021, 01.02.2024 & 25.04.2024, passed by the learned Judicial

Magistrate First Class, Kamrup(M) in Misc. D.V. Case No. 152 M/2021, whereby the learned Trial Court below took cognizance against the petitioner and issued process against him.

Issue notice to the respondent.

Petitioner side shall take steps for service of notice upon the sole respondent by registered post with A/D as well as through usual process within 3 (three) days from today.

Also, call for the case record of Criminal Appeal No. 63/2024 as well as the

scanned copy of the case record of Misc. D.V. Case No. 152 M/2021 from the learned Courts below.

Heard the learned counsel for the petitioner on the interim prayer.

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It is submitted by Mr. Purkayastha, learned counsel for the petitioner, that the present petitioner is nephew-in-law and he is not in a domestic relationship with the respondent nor he ever shared any household. He stayed in different place and without having any materials against him, the learned Trial Court below took cognizance against him without even applying his judicial mind, which is also uphold by the learned Additional Sessions Judge, FTC No. 2, Kamrup(M), Guwahati. Accordingly, he submitted that till disposal of the present petition, the present petitioner may be protected and accordingly prayed for stay of the further proceeding against the present petitioner.

Considering the submission made by the learned counsel for the petitioner and also considering the entire facts and circumstances of this case, let further

proceeding in Misc. D.V. Case No. 152 M/2021, pending before the Court of learned Judicial Magistrate First Class, Kamrup(M), in respect of the present petitioner, namely, Shri Mudit Dugar, shall remain stayed/suspended till returnable date.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant