JUDGMENT :

Heard Mr. G. Saikia, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. P. Kataki, learned counsel for the respondent No.2.

2. This is an application filed under Sections 401/397 of Cr.P.C. read with Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 21.06.2012 passed by the learned Additional Sessions Judge (FTC), Kamrup, Rangia in Criminal Revision No.45/2011, whereby, the learned Revision Court was pleased to set aside the order dated 27.05.2011, which was passed/by the learned Judicial Magistrate, First Class, Rangia in Case No.20M/11.

3. The brief facts leading to the filing of the present petition is that;

3.1. The present respondent/opposite party as first party had filed an application under Section 125 Cr.P.C. before the Court of learned SDJM, Rangia alleging interaliathat she is the wife of the present petitioner/opposite party as per the Marriage Agreement dated 22.12.2000, and out of their wedlock a male child was born. It was further stated that the present petitioner under intoxication used to torture the respondent and also neglected to maintain h