Gauhati High Court
Page No.# 1/2 vs The State Of Assam And Anr on 5 October, 2021
Author: Robin Phukan
Bench: Robin Phukan
Page No.# 1/2
GAHC010159312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./549/2021
NITIN MITTAL AND ANR
S/O LT. SUBASH MITTAL, R/O JILMIL COLONY D-BLOCK, 147 SECOND
FLOOR, EAST DELHI, P.O. VEVAK VIHAR, P.S. VEVAK VIHAR, NEW DELHI,
INDIA, PIN-110095
2: UMA MITTAL
W/O LT. SUBASH MITTAL
R/O JILMIL COLONY D-BLOCK
147 SECOND FLOOR
EAST DELHI
P.O. VEVAK VIHAR
P.S. VEVAK VIHAR
NEW DELHI
INDIA
PIN-11009
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:BOBITA GOSWAMI MITTAL
D/O RADHA BINUD GOSWAMI
R/O TOWKOK TEA ESTATE
P.O. TOWKOK
P.S. NAMTOLA
DIST. CHARAIDEO
ASSAM
INDIA
PIN-78569
Advocate for the Petitioner : MR. T DEURI
Advocate for the Respondent : PP, ASSAM
Page No.# 2/2
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : --05.10.2021 This petition under Section 482 Cr.P.C. is preferred by the petitioners Shri Nitin Mittal and Smt. Uma Mittal for quashing and setting aside of the entire proceedings in Misc (DV) Case No. 3/2020 pending before the learned Sub Divisional Judicial Magistrate, Charaide. It is to be mentioned here that Misc (DV) case No. 3/2020 has been registered on the basis of one petition filed by opposite-party no. 2 Smt. Bobita Goswami Mittal who prayed for relief under Sections 18, 19 and 20 of Protection of Women from Domestic Violence Act, 2005.
Heard Mr. T. Deuri, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional P.P., for the State of Assam.
Let Notice be issued to the respondents, returnable in 4 weeks.
Call for scanned copy of the records of Misc (DV) Case No. 3/2020 from the Court of learned SDJM, Charaide.
Since Mr. B. Sharma, the learned Addl. P.P. has entered appearance for respondent no. 1 no formal notice is required to be issued. However, learned counsel for the petitioner shall make available extra copy of the petition to Mr. Sharma during the course of the day. Step be taken upon respondent no. 2 by Registered Post with A/D and also in usual process.
List the matter after 4 (four) weeks.
Mr. T. Deori, the learned counsel for the petitioners also prayed for an interim protection till next date. However, the prayer will be considered only after receipt of the record from learned Court below.
JUDGE Comparing Assistant