Gauhati High Court
Lablu Das vs The State Of Assam And Anr on 5 April, 2019
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010073822019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 371/2019
1:LABLU DAS
S/O LATE SRIKANT DAS, R/O WEST PANI SAGAR, P.S. PANI SAGAR, DIST-
NORTH TRIPURA, DHARMANAGAR, TRIPURA
VERSUS
1:THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMTI PURABI DAS
W/O SRI LABLU DAS
C/O SRI RANJIT DAS
MALIGAON
COLLEGE GATE
P.S.-JALUKBARI
DIST-KAMRUP
ASSAM
PIN-78101
Advocate for the Petitioner : MR M J QUADIR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 05-04-2019 Heard Mr. M.J. Quadir, learned counsel for the petitioner. I have also heard Mr. B.B. Gogoi, learned Addl. P.P. Assam appearing for the State.
Page No.# 2/3 Aggrieved by the order dated 02-01-2019 by means of which the learned trial court had issued NBWA against the petitioner on the ground of non-payment of maintenance as directed by the order dated 21-09-2018 passed in F.C. (Crl.) No. 390/2009, the present petition has been filed.
Mr. Quadir submits that during the pendency of the proceeding, the petitioner has paid the arrear maintenance dues but the said fact could not be brought to the notice of the learned court below due to the NBWA issued in this case. Stating that the matter is fixed on 12-04-2019 before the Family Court the learned counsel has prayed for suspension of the warrant of arrest till the next date so as to enable his client to appear and bring the said fact to the notice of the court. In support to his above argument Mr. Quadir has invited the attention of this Court to the Bank statement and the copy of the F/D which has been annexed to the criminal petition.
Having regard to the facts and circumstances narrated in the petition, I am of the view that no practical purpose would be served by keeping this petition pending only for service of notice upon the respondent No. 2.
In view of the above, this criminal petition stands disposed of at the motion stage with a direction to the petitioner to appear before the learned Principal Judge, Family Court, Kamrup at Guwahati on the next date fixed, i.e. 12-04-2019 and produce the all relevant proofs of payment of arrear maintenance to the respondent No. 2 along with necessary application seeking recall of the NBWA.
Facilitating the above, the NBWA issued against the petitioner is kept in abeyance till 12-04-2019.
Page No.# 3/3 With the above observation, this criminal petition stands disposed of.
JUDGE GS Comparing Assistant