Petitioner challenged non-execution of non-bailable warrant regarding maintenance arrears. Court noted warrant was finally executed on 24.10.2024. Held petition became infructuous. Case closed.
None. The writ petition was closed as it became infructuous after the non-bailable warrant was executed.
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GAHC010193792024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5289/2024
AKHTARA BEGUM
W/O- MD. MAHMAD ALI, D/O- ABDUL KADIR, VILLAGE- DAKHIN LASKAR PATHAR, P.O.- LASKAR PATHAR, P.S. LANKA, DISTRICT- HOJAI, ASSAM, PIN- 782446
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY HOME DEPARTMENT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007
3:THE SUPERINTENDANT OF POLICE HOJAI DISTRICT AT SANKARDEV NAGAR P.O. SANKARDEV NAGAR PIN- 782442
4:THE OFFICER IN CHARGE LUMDING POLICE STATION LUMDING P.O. LUMDING PIN- 782447
5:SRI SAURABH GUPTA THE SUPERINTENDENT OF POLICE HOJAI DISTRICT AT SANKARDEV NAGAR P.O. SANKARDEV NAGAR P.S. HOJAI
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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
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.
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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.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition for non-execution of non-bailable warrant became infructuous after the warrant was executed.
Whether the petitioner is entitled to any relief after the arrest of the defaulting husband.
2 provisions across 2 enactments
Akhtara Begum
The State of Assam
Md. Mahmad Ali
Commissioner and Secretary Home Department
Director General of Police Assam
Superintendent of Police Hojai District
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
