Sibu Dutta @ Shibu Dutta vs Pinky Mondal
2025 Latest Caselaw 6924 Gua

Gauhati High Court

Sibu Dutta @ Shibu Dutta vs Pinky Mondal on 2 September, 2025

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GAHC010156842023




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

                                Case No. : Crl.Rev.P./287/2023

            SIBU DUTTA @ SHIBU DUTTA
            S/O LATE NIKHIL DUTTA
            R/O KOKRAJHAR TOWN, WARD NO. 6 (BAZAR),
            P.O., P.S. AND DIST. KOKRAJHAR, BTC, ASSAM, PIN-783370



            VERSUS

            PINKY MONDAL
            W/O SRI SIBU DUTTA
            D/O SRI ANIL MONDAL
            R/O KOKRAJHAR TOWN,
            WARD NO. 6(BAZAR)
            P.O., P.S. AND DIST. KOKRAJHAR, BTC, ASSAM
            PIN-783370



Advocate for the Petitioner   : MS D DAS,

Advocate for the Respondent : MR. M U MAHMUD, MR S ISLAM,MR S AFRIDI,MR S H
MAHMUD
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                                BEFORE
                  HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                     ORDER

02.09.2025

Heard Ms. D. Das, learned counsel for the petitioner. Also heard Mr. M.U. Mahmud, learned counsel for the respondent.

Mr. M.U. Mahmud, learned counsel for the respondent has raised a preliminary ground of maintainability of this instant Criminal Revision Petition on the ground that the same petitioner had first approached the learned CJM, Kokrajhar. The said Court had ordered that Rs. 9,000/- per month should be paid as maintenance to the sole respondent w.e.f. 16.12.2019, i.e., the day of filing of the petition. Aggrieved by the said order, the petitioner has filed a Criminal Revision Petition before the Sessions Judge, which was numbered as Crl.Rev.Pet.No. 21/2022 and by Order dated 12.06.2023, the said Criminal Revision Petition was dismissed. Further aggrieved by the said order, the petitioner has now filed a Criminal Revision Petition before the High Court under Section 397 read with Section 401 alongwith Section 482 of the Cr.PC.

Mr. M.U. Mahmud, learned counsel for the respondent submits that the same party has filed a revision before the Sessions Judge and now before the High Court which is not according to law.

In view of the said submissions, Ms. D. Das, learned counsel for the petitioner prays that she may be allowed some time to examine on this aspect and to bring some Judgments supporting the said filing of the Criminal Revision Petition which she had also preferred under Section 482 of the Cr.PC.

Mr. M.U. Mahmud, learned counsel for the respondent has stated that Page No.# 3/3

from the date of filing of the petition before the learned CJM, the petitioner has not paid any penny to the respondent and now that the said amount has come to Rs. 6,12,000/- till July, 2025.

To this submission, Ms. D. Das, learned counsel for the petitioner again has prayed that she may be allowed to get the instructions from her client.

Prayer is allowed.

List the matter on 18.09.2025.

JUDGE

Comparing Assistant