Akhtara Begum v. The State of Assam and 5 Ors

ORDER

28.10.2024 Heard Mr. S. Chauhan, learned counsel for the petitioner. Mr. K. Gogoi, learned counsel appears for the respondent Nos.1-4.

¶2The petitioner's case is that the petitioner had filed MR Case No.396/2018 under Section 125 Cr.P.C in the Court of the Judicial Magistrate First Class, Hojai. The same was disposed of by final order dated 26.09.2019, by which the respondent husband was directed to pay a monthly maintenance of Rs.3,000/- to the petitioner wife and Rs.1,500/- to meet the expenses of the minor child. As the respondent husband was not complying with the order, the petitioner filed Execution Petition for complying with the final order dated 26.09.2019 passed in MR Case No.396/2018.

¶3The petitioner's grievance is that despite the Court of the Judicial Magistrate First Class, Hojai having issued approximately 15 Non-Bailable Page No.# 3/3 Warrant of Arrest against the respondent husband Md. Mahmad Ali, S/o Lt. Abdul Jabbar, resident of No.2 Khring Khring, P.S. Lumding, Hojai, the police has not arrested the respondent husband till date.

¶4Mr. K. Gogoi, learned counsel for the respondent Nos.1-4 has submitted a letter dated 25.10.2024 issued by the Superintendent of Police, Hojai, Assam, which is to the effect that house searches had been conducted on several occasions on the basis of the non-bailable warrant of arrest issued on

04.12.2022., 06.12.2022, 09.12.2022 and 04.08.2024. On all occasions, the petitioner's husband was not found. However, the warrant was finally executed on 24.10.024. The petitioner's husband was arrested and was produced before the Court of learned JMFC vide Lumding P.S. GDE No.34 dated 24.10.2024.

¶5In view of the fact that the present writ petition is only with regard to non execution of the non-bailable warrant of arrest, this Court finds that the present writ petition had become infructuous, keeping in view the fact that the said NBWA has been executed.

¶6The writ petition is accordingly closed.

¶7The letter dated 25.10.2024 issued by the Superintendent of Police, Hojai is made a part of the record and marked as Annexure-X. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010193792024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5289/2024o AKHTARAoBEGUMo W/O-oMD.oMAHMADoALI,oD/O-oABDULoKADIR,oVILLAGE-oDAKHINoLASKAR PATHAR,oP.O.-oLASKARoPATHAR,oP.S.oLANKA,oDISTRICT-oHOJAI,oASSAM,o PIN-o782446 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoHOMEo DEPARTMENT,oDISPUR,oGUWAHATI-o781006 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-o781007 3:THEoSUPERINTENDANToOFoPOLICE oHOJAIoDISTRICToAToSANKARDEVoNAGAR oP.O.oSANKARDEVoNAGAR oPIN-o782442 4:THEoOFFICERoINoCHARGE oLUMDINGoPOLICEoSTATION oLUMDING oP.O.oLUMDING oPIN-o782447 5:SRIoSAURABHoGUPTA oTHEoSUPERINTENDENToOFoPOLICE oHOJAIoDISTRICToAToSANKARDEVoNAGAR oP.O.oSANKARDEVoNAGAR oP.S.oHOJAI Page No.# 2/3 ASSAM PIN- 782442 6:SRI SASHADHAR BARUA OFFICER-IN-CHARGE LUMDING P.S. DISTRICT- LUMDING ASSAM PIN- 78244 Advocate for the Petitioner : MR. S CHAUHAN, M. BORUAH,MR. P MAZUMDER,MR N ALAM,R DEB Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA