Citation : 2025 Latest Caselaw 5097 Gua
Judgement Date : 28 May, 2025
Page No.# 1/2
GAHC010051042024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./88/2024
MANAB JYOTI LAL RAY
S/O NITAI LAL RAY, R/O VILL- KAMARPARA, P.O.-CHOIBARI, DIST-
KOKRAJHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMT. HIMANI RAY
D/O KESHAB CHANDRA RAY
R/O VILL AND P.O.-NORTH SALMARA
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN
Advocate for the Petitioner : MR. I A TALUKDAR, MS N.RAHMAN,MR. B HUSSAIN
Advocate for the Respondent : PP, ASSAM, MR. K KALITA (R-2)
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 28.05.2025 Heard learned counsel Mr. I. A. Talukder, for the petitioner. Also heard learned counsel Mr. A. Kalita, for the respondent No.2 and learned Addl. Public Page No.# 2/2
Prosecutor Mr. P. S. Lahkar, for the State respondent No.1.
It is submitted on behalf of the petitioner that the petitioner is the poor labourer and he is unable to pay the entire arrear of Rs. 1,24,000/- as directed by the learned trial Court vide impugned judgment and order dated 25.01.2024 in connection with Misc. Case No. 21/2021.
The learned counsel for the respondent No.2, has raised an objection stating that the petitioner is not a poor labourer, but he is a business man.
I have considered the submissions at the bar with circumspection.
Call for the trial Court records.
Admit this petition for hearing.
List the matter on 26.06.2025.
In the meanwhile, the payment of only the arrear of Rs. 1,24,000/- is stayed till returnable on 26.06.2025.
JUDGE
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