Decided on July 25,2018

Roshan Agarwalla Appellant
STATE OF ASSAM Respondents


Ajit Borthakur, J. - (1.) Heard Mr. D. Talukdar, learned counsel for the petitioners and Mr. R. Rahman, learned counsel appearing on behalf of the respondent No. 2.
(2.) Also heard Ms. S. Jahan, learned Addl. Public Prosecutor for the State respondent No. 1. By this petition under Section 407 read with Sections 401/437 of the Code of Criminal Procedure (For short 'Cr.P.C.'), the petitioners have prayed for transferring the complaint case being C.R. Case No. 156/2017 under Section 406 of the IPC read with Section 93 of the Cr.P.C., filed against the petitioners by the respondent No. 2 herein, from the court of learned Judicial Magistrate, 1st Class, Charaideo, Sivasagar to the court of learned Judicial Magistrate, 1st Class, at Jorhat.
(3.) The accused/petitioners are resident of village Namsesu under Teok P.S. in Jorhat district, Assam and the respondent No. 2, who is married to the accused/petitioner No. 1, is a resident of Sonari, Charaideo, district Sivasagar. The respondent No. 2 filed a complaint case under Section 406/34 of the IPC read with section 93 of the Cr.P.C., on 08.11.2017, before the court of learned SDJM (M), Charaideo praying for recovery of her stridhan through issuance of a search warrant against the petitioners and to deliver the same to her Zimma as well as to punish the offenders. In the aforesaid proceeding, on being made over for disposal, the learned Judicial Magistrate, 1st Class, Charaideo at Sonari, after recording the initial statement of the prosecutrix has taken cognizance of the said offence and directed to issue summons to the accused/petitioners.;

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