Page No.# 1/5 GAHC010131162022 2026:GAU-AS:4238 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./638/2022 MD. JEKIRUL HUSSAIN S/O- LATE LETIFUL HUSSAIN, R/O- VILL.- AMGURIGAON, P.O. METEKA, P.S. JOYSAGAR, DIST. SIVASAGAR, ASSAM, PIN- 785697. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:MRS. ROSHANARA BEGUM W/O- JEKIRUL HUSSAIN R/O- HOUSE NO. 124 (NEAR RED CHILLY) SOUTH SARANIA ROAD P.S. PALTANBAZAR P.O. ULUBARI DIST. KAMRUP(M) ASSAM PIN- 781007 Advocate for the Petitioner : MR. S N TAMULI, MS. A BEGUM,P DEKA Advocate for the Respondent : PP, ASSAM, MS. U SAUD(R-2),MRS A SAIKIA(R-2),MRS. B SARKAR (P,2),MR. T ROY (P,2) BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 24.03.2026 Heard Mr S N Tamuly, learned counsel appearing for the petitioner. Also heard Page No.# 2/5 Ms S H Bora, learned Additional Public Prosecutor for the State of Assam. None appears for the respondent No. 2, although an affidavit-in-opposition has been filed. 2. This is an application under Section 482 of the CrPC, praying for quashing of the order dated 18.05.2022 and 21.05.2022, passed by the learned Principal Judge, Family Court No. III, Kamrup (Metro), Guwahati, Assam, in FC (Crl.) Case No. 483/2019. 3. By the order dated 18.05.2022, the prayer of the petitioner herein to file an additional affidavit/written objection in the case was rejected, however, the petitioner was directed to submit his affidavit of assets and liabilities on the next date without fail. 4. The learned counsel for the petitioner has submitted that he is under instructions not to press the challenge to the order dated 21.05.2022. 5. The facts in brief in the present case are that the opposite party herein had instituted FC(Crl.) Case No. 483 of 2019, praying for maintenance from the petitioner herein on different allegations. The petitioner herein, had appeared after receipt of notice and filed the written statement on 29.04.2022. Having realized that certain vital facts had been left out, the petitioner, thereafter, preferred Petition No. 208 of 2022 on 18.05.2022, praying to be allowed to file an additional affidavit or written objection to bring on record his assets/income and liabilities. In the body of the petition, a statement was made that several vital aspects important for proper adjudication and just decision of the claim of Page No.# 3/5 the opposite party herein, had been inadvertently left out and, therefore, the prayer to file an additional affidavit or the written objection was made. By the order dated 18.05.2022, the learned Trial Court had observed that the opposite party had failed to show any sufficient cause as to why he would be allowed to file an additional affidavit or written objection in the case. He was, however, given an opportunity to file the affidavit showing the details of his income, assets and liabilities. 6. Mr Tamuly, learned counsel for the petitioner has submitted that the fact of initiation of several criminal proceedings against the petitioner by the opposite party herein, had been inadvertently left out in the written statement filed by the petitioner, and, thereafter, the same were required to be brought on record before the learned Trial Court. He has submitted that bringing of such additional facts would not cause any harm to the case of the opposite party herein, who is the applicant before the learned Trial Court, since the cases were all matters on record, but not presenting the same before the learned Trial Court may lead to adverse consequences for the petitioner herein. 7. This Court has gone through the petition filed by the petitioner herein, being Petition No. 208 of 2022 and we find that the description of such cases or the reasons for bringing the same before the learned Trial Court have not been elaborated in the petition filed, and, therefore, this Court is of the opinion that the order dated 18.05.2022 does not suffer from any illegality or irregularity, which would require the same to be set aside. Page No.# 4/5 8. However, this Court is also of the opinion that in the event, that the opposite herein had been instituting criminal proceedings against the petitioner, which were not fruitful, the said aspect of the matter would require a consideration by the learned Trial Court and in the absence of such facts being placed during the trial, the adjudication by the learned Trial Court may lead to erroneous conclusions. Accordingly, this Court gives a liberty to the petitioner herein, to approach the learned Trial Court with an appropriate application elaborating the facts and instances and also elaborating the reasons why such facts and instances should be allowed to be brought on record before the learned Trial Court, which application be filed before the learned Trial Court on or before 30th of April, 2026. 8. It is provided that in the event, such an application is filed, the learned Trial Court shall consider the same on its own merits and allow or disallow the petitioner to file the affidavit or written objection. 9. The learned counsel for the petitioner has submitted that allowing the proceedings in the Trial Court to go on during the consideration of the application proposed to be filed by the petitioner may lead to the detriment of the petitioner. It is therefore provided that in the event the petitioner files the application as proposed by him and makes a prayer for keeping the Trial proceedings in abeyance, the learned Trial Court shall also consider this aspect of the matter and pass necessary orders detailing reasons why the further proceedings in the trial be either kept in abeyance or be allowed to go on during Page No.# 5/5 the pendency of the petition which may have been by the petitioner herein. 10. Through the affidavit-in-opposition filed by the opposite party No. 2, she has objected to the prayer of the petitioner for keeping in abeyance the orders passed by the learned Trial Court with regard to the maintenance to be paid by the petitioner during the pendency of the maintenance claim. 11. The learned counsel for the petitioner has submitted that as of now, since the petitioner is not pressing the prayer against the order dated 21.05.2022, the same may not be adjudicated upon. He, however, prays for the liberty that he may approach the learned Trial Court to bring on record facts and circumstances, which may require setting aside of the interim order or for keeping the same in abeyance, based on the facts which would be brought before the learned Trial Court by way of filing an additional affidavit or written statement. Liberty as prayed for is granted. 12. It is made clear that this Court has not interfered with the order dated 21.05.2022 13. Criminal Petition is disposed of. JUDGE Comparing Assistant