Page No.# 1/4 GAHC010061732025 2025:GAU-AS:3363 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./90/2025 SMTI TUTUMANI DAS ALIAS TUTUMONI DAS BARUAH W/O LATE DHANANJAY BARUAH, R/O PURBA KATHALMURI, P.O BAGHAMARA BAZAR. P.S PATACHARKUCHI, DISTRICT BAJALI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:KUSUM BARUAH W/O- LATE DHANANJAY BARUAH R/O- VILLAGE BAGHMARA P.O- BAGHMARA BAZAR P.S- PATACHARKUCHI DIST- BAJALI ASSA Advocate for the Petitioner : MR P H KONWAR, MS. B M LAHKAR,MS. P BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 25.03.2025 Heard Ms. P. Borah, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 438 read with Section 442/528 of BNSS against the impugned order dated 20.02.2025, passed by the learned District & Session Judge, Bajali, Pathsala in Criminal Appeal No. 01/2025, whereby the order dated 18.02.2025, passed by the learned Sub-Divisional Judicial Magistrate (M), Bajali in CR Case No. 53/2024 was stayed/suspended. It is submitted by Ms. Borah, learned counsel for the petitioner, that the present petitioner is the second wife and the respondent No. 2 is the first wife of Lt. Dhananjay Baruah. After the marriage of the petitioner as the second wife, the respondent No. 2 lodged a case under the D.V. Act praying for protection order of her shared household, wherein the husband was directed to provide accommodation to the aggrieved/ respondent No. 2 herein in the shared household and further the respondents, i.e. the petitioner herein and the husband, were restrained from dispossessing the present respondent No. 2 in any manner or disturbing her peaceful possession apart from the maintenance allowance @ Rs. 5,000/- per month. But, after the said order, in the meantime, the husband of the petitioner and the respondent No. 2 died and thereafter the respondent No. 2 disposed the present petitioner, along with her 2 (two) minor children, and for which the petitioner also had to move an application before the Page No.# 3/4 learned Trial Court below, which was registered as CR Case No. 53/2024, praying for accommodating her along with 2 (two) minor children in the shared household. Accordingly, the learned Trial Court below, vide order dated 18.02.2025, directed the Protection Officer to accommodate shelter to the present petitioner along with her 2 (two) children immediately in the shared household without disturbing the possession of the respondent No. 2. Against the said order, the respondent No. 2 preferred an appeal, being Crl. Appeal No. 01/2025, before the learned District & Session Judge, Bajali, wherein, without even perusing the record and hearing the other side, the learned District & Session Judge, Bajali, passed the order dated 20.02.2025 and stayed/suspended the operation of impugned order dated 18.02.2025, passed by the learned SDJM (M), Bajali. On the strength of the said order, the present petitioner, along with her 2 (two) minor children, are now staying outside the house and all the other belongings, including the books of children, are also under the possession of respondent No. 2 and hence, aggrieved with the said order, the present petition has been filed. Ms. Borah further submitted that the said appeal, being Crl. Appeal No. 01/2025, is fixed tomorrow, but to her information, the appellant/respondent No. 2 has not taken any steps for issuing notice to the respondent side, i.e. the petitioner herein. However, as she has already received information regarding the pendency of the said appeal, the respondent/ petitioner herein is ready to appear before the learned Appellate Court below. Accordingly, Ms. Borah submitted that a direction may be given to the learned Appellate Court to dispose of the appeal as expeditiously as possible considering the present situation and circumstances of the petitioner. Page No.# 4/4 In view of above and also considering the submission made by the learned counsel for the petitioner as well as the present circumstances as described in the petition, without going into the other merit of the case, I hereby direct the learned District & Session Judge, Bajali to dispose of the appeal, being Crl. Appeal No. 01/2025, within a reasonable period and further may also pass interim order of protection in favour of the present petitioner, if necessary. With the above observation and direction, the present criminal revision petition stands disposed of. JUDGE Comparing Assistant