Smti. Soshi Prova Doley vs The State Of Assam And Anr
2025 Latest Caselaw 5002 Gua

Citation : 2025 Latest Caselaw 5002 Gua
Judgement Date : 26 May, 2025

Gauhati High Court

Smti. Soshi Prova Doley vs The State Of Assam And Anr on 26 May, 2025

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

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GAHC010101462025




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

                                 Case No. : Crl.Pet./599/2025

            SMTI. SOSHI PROVA DOLEY
            W/O- SRI KHOGESWAR PAIT.
            R/O- MICHAMORA VILLAGE,
            P.O.-MICHAMORA.
            P.S.- GOROMOR,
            DIST.- MAJULI, ASSAM.



            VERSUS

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

            2:SRI KHOGESWAR PAIT.
             S/O- LATE LAMON PAIT.
            R/O- DHUNAG PAIT GAON

            P.S.- SILAPATHAR.
            DIST.- DHEMAJI
            ASSAM.

            PRESENTLY RESIDING AT PUJA FIELD

            P.O. AND P.S.- DIGBOI
             DIST.- TINSUKIA
            ASSAM

Advocate for the Petitioner   : MR. B K DAS,

Advocate for the Respondent : PP, ASSAM,

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

26/05/2025

Heard Mr. B K Das, learned counsel for the petitioner and Ms. N Das, learned Additional Public Prosecutor, Assam for the State respondent No. 1.

2. In an application under Section 125 Cr.P.C. filed by the petitioner against the respondent No. 2 being Misc. Case No. 08/2022, the learned Sub-Divisional Judicial Magistrate (M), Margherita by judgment dated 07.08.2023 directed the respondent No. 2 to pay Rs.6,000/- each, to the petitioner and two of her daughters as maintenance. Against the same, the respondent No. 2 preferred a criminal revision being Criminal Revision No. 02(1)/2024. The learned Additional Sessions Judge (FTC-

1), Margherita, Tinsukia by judgment dated 07.12.2024 passed in said Criminal Revision No. 02(1)/2024 modified the said order of the learned Sub-Divisional Judicial Magistrate (M), Margherita dated 07.08.2023 passed in Misc. Case No. 08/2022 and directed the respondent No. 2 to pay Rs.4000/- each, to two of her minor daughters only w.e.f. from the date of filing of the maintenance application, i.e., 02.03.2022. Being aggrieved, the petitioner has filed this criminal petition.

3. Issue notice, returnable by 25.06.2025.

4. As Ms. Das, learned Additional Public Prosecutor, Assam has accepted notice on behalf of the State respondent No. 1, no formal notice need to be issued to the said respondent.

5. Petitioner shall serve requisite extra copies of this petition along with the Annexures appended thereto to Ms. Das, learned Additional Public Prosecutor, Assam by tomorrow, i.e., 27.05.2025, obtaining necessary acknowledgments from her in that regard.

6. Petitioner shall take steps for service of notice on the respondent No. 2 by registered post with A/D by tomorrow, i.e., 27.05.2025, providing his proper and correct address with requisite postal stamp.

7. Call for the legible scanned copy of the records of Misc. Case No. 08/2022 from the Court of learned Sub-Divisional Judicial Magistrate (M), Margherita as well as the records of Criminal Revision No. 02(1)/2024 from the Court of learned Additional Sessions Judge (FTC-1), Margherita, Tinsukia.

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8. List accordingly.

9. This order be brought to the notice of the Registrar (Judicial).

JUDGE

Comparing Assistant