LAWS(GAU)-2023-5-54

MD. AZGAR ALI Vs. STATE OF ASSAM

Decided On May 30, 2023
Md. Azgar Ali Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms. D. Saikia, learned Amicus Curie; Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent No. 1; and Mr. R. Islam, learned counsel for the respondent No. 2.

(2.) In this petition, under Sec. 397/401 read with Sec. 482 of the Cr.P.C., the petitioner has to put to challenge the judgment and order, dtd. 22/4/2019, passed by the learned Additional Sessions Judge No. 2, Kamrup [M], Guwahati, in Criminal Appeal No. 86/2018. It is to be noted here that vide impugned judgment and order, dtd. 22/4/2019, the learned Additional Sessions Judge No. 2, Kamrup [M], Guwahati has dismissed the appeal preferred by the petitioner under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005. It is also to be noted here that vide impugned order, dtd. 22/5/2018, the learned Judicial Magistrate First Class, Kamrup [M], Guwahati in D.V. Case No. 116M/2017, directed the petitioner to pay a sum of Rs.5,000.00 per month, as interim maintenance to the respondent No. 2.

(3.) The background facts leading to filing of the present petition are adumbrated here in below:-