Page No.# 1/3 GAHC010170692023 2025:GAU-AS:10674 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./26/2024 RAFIQUL ISLAM S/O ABDUL HOQUE, R/O VILL.-TUNGRURCHAR, P.O. AND P.S.- MOHENDRAGANJ, DIST.-SOUTH WEST GARO HILLS, MEGHALAYA, PIN- 794106. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:MS. NARGIS BEGUM. D/O ZAMAN MANDAL R/O VILL.-HATSINGIMARI P.S.-SOUTH SALMARA DIST.-SOUTH SALMARA MANKACHAR ASSAM PIN-783135 Advocate for the Petitioner : MR J ISLAM, Advocate for the Respondent : MR. M ISLAM (R-2), MS. A KHATUN (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 13.08.2025 1. Heard Mr. J Islam, learned counsel for the petitioner. Also heard Mr. M Islam, learned counsel appearing for respondent No. 2. 2. This is an application under Section 379/401/483 Cr.P.C which has been filed for setting aside and quashing the impugned ex-parte order dated 30.04.2022 passed by the Ld. Chief Judicial Magistrate, South Salmara, Mankachar in Misc. Case No. 29/2020 under Section 125 Cr.P.C granting maintenance allowance at Rs. 7000/- per month to the respondent No. 2 from the date of filing the case. 3. The case of the petitioner is that on 19.03.2021 when the matter was heard by the Ld. Chief Judicial Magistrate, South Salmara, Mankachar, the petitioner was found absent in-spite of notice and therefore, it was directed that the case shall proceed ex-parte. Thereafter, the impugned ex-parte order dated 30.04.2022 was passed in Misc. Case No. 29/2020 directing the petitioner to pay maintenance of Rs. 7000/- per month to the respondent No. 2 from the date of filing the case. 4. Mr. J Islam, learned counsel for the petitioner submits that on the date when the hearing was fixed, he was not in station as he had been detailed for duty in Tamil Nadu and a copy of detailment order dated 13.12.2019 has been annexed as annexure 4 of the petition. It is prayed that this ex-parte order dated 30.04.2022 passed by the Ld. Chief Judicial Magistrate, South Salmara, Mancachar in Misc. Case No. 29/2020 under Section 125 Cr.P.C may be set-aside and opportunity may be given to the petitioner to present his case and thereafter, direct the Ld. Trial Court to take fresh decision in the matter, in the light of the submissions passed by the petitioner. 5. Upon going through the pleadings and the enclosures annexed thereto, this Page No.# 3/3 Court has observed that the matter was heard ex-parte by the Ld. Trial Court and the petitioner was not given an opportunity to submit his affidavit of assets & liabilities. 6. In view of the above facts and circumstances, this Court is of the view that the matter can be remanded back to the Ld. Trial Court for a fresh decision in the matter. 7. Accordingly, the impugned ex-parte order dated 30.04.2022 passed by the Ld. Chief Judicial Magistrate, South Salmara, Mankachar in Misc. Case No. 29/2020 under Section 125 Cr.P.C is quashed and set-aside. 8. The parties shall appear before the Ld. Chief Judicial Magistrate, South Salmara, Mankachar on 22.09.2025. 9. The Ld. Chief Judicial Magistrate, South Salmara, Mankachar shall allow the parties to file their affidavits. And upon considering the affidavit of assets & liabilities filed by the parties as mandated in Rajneesh V. Neha (2021) 2 SCC 324 shall take a fresh decision in the matter after hearing both the parties. 10. In view of the above facts and circumstances, matter stands disposed of. 11. The respondent No. 1/wife is at liberty to pray before the Ld. Trial Court for Interim maintenance, if so advised. JUDGE Comparing Assistant