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SUSMITA PHUKAN KHAUND
Ajijur Rahman Laskar @ Fokrul, S/o Noor Uddin Laskar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr P K Roychoudhury, learned counsel for the petitioner-X, who has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC, for short), with prayer for quashing the impugned Judgment and Order dated 22.03.2021, passed by the learned Additional Sessions Judge, Hailakandi, in Criminal Revision No. 50/2018, whereby the Judgment and Order dated 04.09.2018, passed by the learned Additional CJM, Hailakandi, in MR Case No. 122/2024 was affirmed and upheld.
2. Heard the learned Additional Public Prosecutor, Mr D Das, for the State of Assam/respondent No. 1 and Mr S C Biswas, learned counsel for the respondent-Y.
3. It is contended that vide the aforementioned cases, both the learned trial Court and the learned revisional Court have passed the Judgment and Orders impugned by the petitioner, by taking judicial notice of the decision of the learned Sessions Judge, in connection with Sessions Case No. 69/2015. The petitioner was acquitted from the charge under Sections 376/417 of the Indian Penal Code, 1860 (IPC, for short), on the ground that the respondent and her mother in their evidence in connection with Sessions Case No. 69/2015, had admitted
Judicial notice cannot replace the need for evidence in maintenance proceedings, and courts must assess evidence alongside judicially noticed facts.
(1) Standard of proof of marriage in a Section 125, Cr.P.C. proceeding is not as strict as is required in a trial for an offence under Section 494 IPC.(2) Order passed in application under Section 12....
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not required; a prima facie view of marital status suffices for claims of maintenance.
In cases under Section 498A IPC, the Magistrate should consider the factors laid down by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation before issuing a warrant of arres....
The main legal point established in the judgment is that the scope of challenging two concurrent findings under Section 482 of the CrPC is limited, and the petitioners failed to demonstrate any illeg....
The main legal point established in the judgment is that the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
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