Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010190952025
2025:GAU-AS:12051
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1055/2025 SAHERA BIBI W/O JULFIKAR ALI BHUTTU D/O SAMSUL HOQUE R/O BILASIPARA, WARD NO. 2 SURJYAKHATA, P.O. AND P.S. BILASIPARA DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:JULFIKAR ALI BHUTTU S/OLATE AJGAR ALI DEWANI R/O VILL- KATHALDI PT.I P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN CODE- 78334 Advocate for the Petitioner : MR. A K HUSSAIN, MR. B HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
O R D E R
Date : 05.09.2025.
Heard Mr. A.K. Hussain, learned counsel for the petitioner. Also heard Ms. S.H.
Page No.# 2/3 Bora, learned Additional Public Prosecutor, Assam appearing for the State respondent. This criminal petition has been filed praying for a direction to the learned SDJM (M), Bilasipara for expeditious disposal of MR Case No.14/2020, arising out of the Misc. Case No.17/2013, by which the petitioner had filed a petition under Section 127 of the CrPC, praying for enhancement of maintenance of Rs.3,000/- (Rupees three thousand) only to Rs.10,000/- (Rupees ten thousand) per month. It is submitted by Mr. Hussain, learned counsel for the petitioner that the initial
order of maintenance was passed on 13.02.2014, whereby the petitioner was granted with monthly maintenance of Rs.2,000/- (Rupees two thousand) and to her minor son Rs.1,000/- (Rupees one thousand) per month. After lapse of more than 6½ years, she filed a petition under Section 127 of the CrPC on 27.01.2020, due to price hike of the essential commodities. But since the year 2020, the said petition is still pending before the Court of learned SDJM (M), Bilasipara and till date, there is no order of enhancement in spite of lapse of more than four years. Further, he submitted that the dates which are given in the case are with the interval of 2/3 months, which also delayed the disposal of the petition. The petitioner is not in a position to maintain herself along with her minor son who is presently reading in Class VIII/IX with the meager amount of Rs.3,000/- (Rupees three thousand) per month, which was provided to her towards maintenance in the year 2014. Considering the submissions made by the learned counsel for both sides and considering all aspects of the case, the learned SDJM (M), Bilasipara is hereby
directed to dispose of the MR Case No.14/2020, filed by the petitioner under Section 127 of the CrPC on 27.01.2020, as early as possible and preferably
Page No.# 3/3 within 3 (three) months from the date of receipt of this order and to passed an appropriate order accordingly. With the above observation, this criminal petition stands disposed of.
JUDGE Comparing Assistant