Page No.# 1/3 GAHC010114822026 2026:GAU-AS:11955 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1092/2026 ABDUS SATTAR SON OF LATE RAHMAN ALI, VILL- BEJORSUTI, PS- BOKO, DISTRICT- KAMRUP, ASSAM. CONT. NO- 9859043615. VERSUS HASINA PARBIN , D/O- HANIF ALI VILL-BHALUKABARI, P.O- TOPAR PATHER, P.S. CHHAYGAON, DIST-KAMRUP, ASSAM. PIN-781127 Advocate for the Petitioner : MR. A ALI, S AHMED Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 20.08.2026 Heard Mr. A. Ali, learned counsel for the petitioner. 2. In this petition, under Section 528/442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 read with Article 227 of the Constitution of India, the petitioner has Page No.# 2/3 challenged the order dated 06.03.2026, passed by the learned Sessions Judge, Kamrup, Amingaon and also all the subsequent orders passed by the learned Sessions Judge in Criminal Appeal No.18/2025. It is to be noted here that vide impugned order dated 06.03.2026, the learned Sessions Judge, Kamrup, Amingaon, has refused to consider the appeal as the petitioner had failed to comply with the direction of this Court dated 27.04.2025 as well as the order dated 29.07.2025 of that Court and granted liberty to the respondent to take necessary step for realization of the arrear amount. It is also to be noted here that the petitioner was directed to clear the entire arrear amount. 3. The learned counsel for the petitioner submits that the petitioner has filed one application before the learned Sessions Judge, Kamrup, Amingaon, in Criminal Appeal No.18/2025, highlighting the change of circumstances in his favour and also for modifying the order of the learned Trial Court dated 27.06.2025, but the learned Appellate Court has dismissed his prayer. 4. Mr. Ali further submits that the application filed by him before the learned Appellate Court was not enclosed with the earlier application and as such, he has brought on record the said application by filing an additional affidavit and he contends that in the said application, the petitioner has prayed for extending interim stay order granted against the further proceeding of the D.V. Case No.07/2021 pending before the learned Additional C.J.M., Amingaon, and thereby dispensed with the payment of interim maintenance till appellant's recovery or pass such order. 5. Mr. 5. Mr. Ali also submits that after the interim order being passed by the learned Additional C.J.M., Kamrup, Amingaon, in D.V. Case No.07/2021, the petitioner could not make payment of the amount as he met with one accident at his working place at Shillong on 08.09.2025, which resulted in complete displaced fracture of the shoulder arms and serious brain injury and other parts of his body and because of the aforesaid trauma of the accident, he is still in bed-ridden condition and unable to move his own and as per the X-ray report, the doctors advised him for surgery and he further submits that the petitioner herein will make payment of the arrear amount and also the current Page No.# 3/3 amount of interim maintenance and as such, some time may be granted to him to clear the arrear amount of interim maintenance. 6. But, it appears from the petition that he has not made any such prayer for extension of time before the learned Appellate Court to make payment/clear the arrear amount and the current amount of interim maintenance, which he could not pay on account of his accident. 7. In that view of the matter, this Court is inclined to dispose of this petition by directing the petitioner to file an application before the learned Appellate Court on or before 09.09.2026, to grant him sometime to clear the arrear interim maintenance amount and on such petition being filed, the learned Appellate Court shall consider the same on the basis of the documents to be submitted by the petitioner herein, along with the petition, regarding his accident and his present status of health. 8. And to facilitate the petitioner to file such an application, the impugned order dated 06.03.2026 passed by the learned Appellate Court, stands stayed till disposal of the petition to be filed by the petitioner herein. 9. In terms of above, the criminal petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE