Md Rafik Ali @ Rafikul Ali v. The State of Assam and Anr

ORDER Date : 02-05-2024

¶1Heard Mr. A Mobaraque learned counsel for the petitioner. Page No.# 2/4 Also heard Mr. D Das learned Addl. PP and Mr. T Islam, learned counsel for the respondent No.2.

¶2The present application under section 482 Cr.P.C is preferred by the petitioner for quashing and setting aside the judgment and order passed by the learned Sessions Judge, Darrang Mangaldoi in CR Case No.17(D-2)/2018 whereby the judgment and order dated

18.05.2018 passed by the learned CJM, First Class, Darrang Mangaldoi in MR Case No.48/2015 awarding monthly maintenance of Rs.6500/- per month was upheld.

¶3The payment of maintenance was directed in favour of the daughter of the respondent No.2 who is a minor and an illegitimate child of the petitioner.

¶4The only ground urged by the petitioner is that he is a daily wage earner and he is working in a private company and he is not in a position to pay such awarded amount.

¶5Per contra, Mr. T Islam learned counsel for the respondent submits that this court in exercise of its revisional power should not entertain such petition where the facts are determined concurrently by both the courts below.

¶6From the materials available on record it is an undisputed fact that the respondent No.2 filed an application before the learned Chief Judicial Magistrate, Darrang, Mangaldoi under section 125 Cr.P.C claiming maintenance of a child born out of the physical relation between the petitioner and the respondent No.2. Though an allegation of rape was made by the respondent No.2, which is the subject matter of the prosecution, on the basis of which Sipajhar PS Page No.# 3/4 case No.764/2014 under section 376/417/420 IPC is launched, this court shall not deal with such allegation.

¶7The learned CJM, Darrang, Mangaldoi after elaborately referring to the pleadings and depositions made by the witnesses, awarded an amount of Rs.6,500/- as monthly maintenance as regards the illegitimate child.

¶8Being aggrieved by the aforesaid order, the petitioner herein preferred a revision petition against the judgment. The only ground on which such judgment was assailed is the quantum of amount to be excessive for the reason that the petitioner is a daily wage earner and he has to maintain his old aged parents.

¶9After considering the matter, the learned revisional court dismissed the revision petition and opined that there is no ground to pass a different order.

¶10As recorded herein above, the only ground of challenge is the quantum of maintenance awarded by the learned Chief Judicial Magistrate.

¶11It is seen from the aforesaid that the only ground urged is the quantum of maintenance and the fact that the petitioner is a daily wage earner and therefore he cannot pay Rs. 6,500/- per month. Such ground needs factual appreciation. However factual appreciation made by the learned courts below shall require a conclusion that such findings are perverse. Neither this court has found any such perversity nor the learned counsel for the petitioner had been able to show one.

¶12After perusal of the materials on record this court is also unable to find any glaring procedural defect or any manifest error on Page No.# 4/4 point of law resulting in flagrant miscarriage of justice in the case in hand, inasmuch as the revisional power is required to be exercised so that justice is done and there is no abuse of the process of the court.

¶13Accordingly, it is the unhesitant opinion of this court that the present petition is devoid of any merit and accordingly same stands dismissed.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010013412022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./102/2022 MD RAFIK ALI @ RAFIKUL ALI S/O MD. TABI ALI @ TARI SHEIKH VILL- CHAKARMUKH NO. 1, P.S. SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SEMINA YESMIN D/O MD AJMOL ALI VILL- CHAKARMUKH NO. 1 P.S. SIPAJHAR DIST. DARRANG ASSA Advocate for the Petitioner : MR. A MOBARAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY