Page No.# 1/3 GAHC010038652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./222/2025 MOJIDUL ALI SON OF LATE MANSUR ALI, R/O- BAISHA PARA (NEAR MASJID), WARD NO.4, GOALPARA TOWN, PO AND P.S.- GOALPARA, DIST- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:ARJUMA HOQUE D/O- ANISUL HOQUE R/O- CHANDARA PATHAR TII.APARA WARD NO. 8 P.S AND DIST- GOALPARA ASSAM. PIN-783348 Advocate for the Petitioner : MR. M ALI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.02.2025 1. Heard Mr. M. Ali, the learned counsel for the petitioner. Also heard Mr. M. Page No.# 2/3 P Goswami, the learned Additional Public Prosecutor for the State. 2. This application under Section 528 of the BNSS has been filed by the petitioner namely, Mojidul Ali impugning the order dated 04.02.2025 passed by the court of the learned Judicial Magistrate First Class, Goalpara, in D.V Case No. 192/2020 whereby warrant of arrest was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner was directed to pay an interim maintenance to the respondent no.2 as per the direction of the court below, however an amount of Rs.66,000/-(Rupees Sixty Six Thousand only) has accumulated as an arrear amount which the petitioner was not able to pay and therefore by the impugn order dated 04.02.2025 the court of the learned Judicial Magistrate First Class, issued warrant of arrest against the present petitioner fixing the next date of the case on 04.03.2025. 4. The learned counsel for petitioner has submitted that due to financial constraints the petitioner was unable to pay the entire arrear amount, however he is ready and willing to pay the accumulated arrear amount in 2(two) installments and alos ready to appear before the court of the learned Judicial Magistrate First Class. He however prays for some interim protection from this Court. 5. I have considered the submissions made by the learned counsel for the petitioner as well as gone through the materials available on record. It appears from record that an arrear amount of Rs.66,000/-(Rupees Sixty Six Thousand only) has accumulated against the interim maintenance which was directed to be paid to the respondent no.2. 6. Regarding the prayer for allowing the petitioner to pay the said amount in 2(two) equal installment. 7. This Court leaves this issue to be decided by the learned Judicial Magistrate First Class. However as the petitioner is ready to pay 50% of the amount on the next date fixed, for the ends of justice this court disposes of this Criminal Page No.# 3/3 petition with a direction to the petitioner to appear before the learned Judicial Magistrate First Class, Goalpara, in D.V Case No. 192/2020 on the next date fixed before that Court i.e on 04.03.2025 and pay 50% of the arrear accumulated amount i.e Rs.33,000/- (Rupees Thirty Three Thousand only) out of Rs.66,000/-(Rupees Sixty Six Thousand only) and to facilitate in doing so the warrant of arrest issued against him by the said court shall remain suspended till 04.03.2025. 8. On his appearance before the Court of the learned Judicial Magistrate First Class, Goalpara, he may file an application for allowing him to pay the remaining arrear amount in installments which may be considered by the said court after hearing both the parties. 9. With above observation this Criminal Petition is disposed of. JUDGE Comparing Assistant