Page No.# 1/3 GAHC010174272024 2025:GAU-AS:560 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./332/2024 KASHMI DIHINGIA W/O BIJU BURAGOHAIN VILL- KANDUGURI, P.O. KHUBALIA, P.S. DHEMAJI, DIST. DHEMAJI, ASSAM PIN-787057 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:BIJU BURAGOHAIN S/O NABIN BURAGOHAIN VILL- DHARMANAGAR P.O. KHUBALIA P.S. DHEMAJI DIST. DHEMAJI ASSAM PIN-78705 Advocate for the Petitioner : MR M HANDIQUE, MS. B LASKAR,MR. J ABBAS Advocate for the Respondent : PP, ASSAM, MR. A BORUA (R-2),MS P SARMA(R-2),MR T GOGOI(R-2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 21-01-2025 1. Heard Mr. M. Handique, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the respondent No. 1. Also heard Mr. T. Gogoi, learned counsel for the respondent No. 2. 2. The present criminal revision petition is filed under Sections 438/442 read with Section 528 of the BNSS, 2023 against the judgment and order dated 17.08.2024 passed by the learned Additional Sessions Judge (F.T.C.), Dibrugarh in Criminal Appeal Case No. 18(2)/2024 whereby the order dated 21.11.2023 passed by the learned Judicial Magistrate 1st Class, Dibrugarh in Case No. DV 14/2023 granting the interim maintenance of Rs. 10,000/- was interfered with for the reason that the aforesaid interim order lacks in reason. 3. By the impugned judgment and order dated 17.08.2024, the learned Additional Sessions Judge (F.T.C.), Dibrugarh, remanded back the matter to the learned Court of Judicial Magistrate 1st Class, Dibrugarh for a fresh consideration. 4. This Court has perused the impugned order dated 17.08.2024 and do not find any infirmity in the aforesaid order. 5. This Court is also in agreement with the determinations made by the learned Additional Sessions Judge (F.T.C.), Dibrugarh that the interim order ought to have been passed after recording satisfaction of existence of prima facie case. Such conclusion cannot be said to be vitiated by any patent illegality. 6. In view of the aforesaid, the present criminal revision petition stands dismissed. 7. However, while parting with the record, it is made clear that while considering the Page No.# 3/3 interim prayer afresh, the learned Judicial Magistrate 1st Class, Dibrugarh shall pass a reasoned order and shall not be influenced by any observation made in the order dated 17.08.2024 passed in Criminal Appeal Case No. 18(2)/2024 or made in the present order of this Court touching the merit of the claim of the each of the parties. 8. The parties to appear on 22.02.2024 before the learned Magistrate. 9. LCR be returned back. JUDGE Comparing Assistant