Gauhati High Court
Page No.# 1/3 vs Natasha Kalita on 20 September, 2023
Page No.# 1/3
GAHC010211532023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1011/2023
RAHUL KUMAR MAHANTA AND ANR
S/O LATE CHAKRADHAR MAHANTA
R/O PALTANBAZAR, PARCEL GATE, HOUSE NO. 23,
P.S. PALTANBAZAR
DIST. KAMRUP (M), ASSAM
GUWAHATI-8
2: SMTI. NIRUPAMA MAHANTA
W/O LATE CHAKRADHAR MAHANTA
R/O PALTANBAZAR
PARCEL GATE
HOUSE NO. 23
P.S. PALTANBAZAR
DIST. KAMRUP (M)
ASSAM
GUWAHATI-
VERSUS
NATASHA KALITA
D/O SRI DIBAKAR KALITA
W/O SRI RAHUL MAHANTA
R/O PATHSALA, UDAYAN NAGAR
P.O. PATHSALA
DIST. BAJALI, ASSAM
RELIGION - HINDU
PROFESSION HOUSEWIFE
MOBILE NO. 8638084789
Advocate for the Petitioner : MR. S BORA
Page No.# 2/3
Advocate for the Respondent :
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 20.09.2023 Heard Mr. S. Bora, learned counsel for the petitioners.
This is an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the entire proceeding, being registered as DV Case No. 13/2023, under Section 12 of Protection of Women from Domestic Violence Act, 2005, which is pending before the Court of Sub Divisional Judicial Magistrate (M), Bajali, Pathsala, and also challenged the order dated 24.05.2023, issuing notice to the present petitioner as respondent by the learned Sub Divisional Judicial Magistrate (M), Bajali, Pathsala, in the aforesaid DV Case.
Admit.
Issue notice to the sole respondent, returnable within 4 (four) weeks.
Steps be taken by registered post with A/D as well as by usual process within a week from today.
Also call for the scanned copy of the LCR from the learned Court below.
It is submitted by the learned counsel for the petitioners that while issuing the notice vide order dated 24.05.2023, the learned Court below did not record Page No.# 3/3 the satisfaction and issued the notice on the very first date of the case. In this context, the learned counsel for the petitioners also relied on a decision of Hon'ble Supreme Court in Shyamlal Devda & Ors. Vs. Parimala, reported in (2020) 3 SCC 14, wherein, it has been held that before issuing notice, the Court has to prima facie satisfied that there have been instance of domestic violence. Accordingly, the learned counsel for the petitioners prayed for stay of the proceeding till next returnable date.
Considering the submission made by the learned counsel for the petitioners and also considering the law laid down by the Hon'ble Apex Court in the above referred case, in the interest of justice, further proceeding of DV Case No. 13/2023, under Section 12 of Protection of Women from Domestic Violence Act, 2005, pending before the Court of Sub Divisional Judicial Magistrate (M), Bajali, Pathsala, shall remain stayed till returnable date only.
List the matter after 4 (four) weeks.
JUDGE Comparing Assistant