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GAHC010285212019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 1385/2019
1:ASHOK KUMAR RATHI AND ANR.
S/O LATE MULCHAND RATHI, R/O BJ-366, SALT LAKE CITY, SECTOR-II,
KOLKATA, DIST- NORTH 24 PARGANAS, P.O.-SECH BHAWAN, P.S.-
BIDGHANAGAR (EAST), WEST BENGAL, PIN-700091
2: SMTI. DURGA RATHI
W/O ASHOK KUMAR RATHI
R/O BJ-366
SALT LAKE CITY
SECTOR-II
KOLKATA
DIST- NORTH 24 PARGANAS
P.O.-SECH BHAWAN
P.S.-BIDGHANAGAR (EAST)
WEST BENGAL
PIN-70009
VERSUS
1:THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMTI. PREETI RATHI
W/O AYUSSH RATHI
R/O 301
3RD FLOOR
UTTARAYAN VILLA
B.R. PHUKAN ROAD
KUMARPARA
NEAR RAILWAY GATE-7
DIST-KAMRUP (M)
GUWAHATI-781009
ASSA
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Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 25-11-2019
This is an application filed under Section 482 Cr.PC, seeking quashment of the order, dated
31.7.2019, passed by the learned Judicial Magistrate 1 st Class, Kamrup (M), Guwahati in
connection with Complaint Case No. 681/2019.
Perused the aforesaid order.
Heard Mr. A.M. Bora, learned senior counsel for the petitioners.
Issue notice upon the respondent No. 2 under registered post with A/D or under any other
prescribed mode. Petitioner to take steps within 5 (five) days from today.
State respondent No. 1 is represented by learned Additional Public Prosecutor, Mr. B.B. Gogoi
and he has received notice as well as copies of the petition. No formal notice need be served
upon him.
Vide the aforesaid order, cognizance has been taken for an offence under Section 406 IPC
and search warrant has also been issued to recover the streedhan, involved in this case.
Learned senior counsel for the petitioners, referring to the averment made in the petition, has
submitted that marriage between the parties had taken place at Maharashtra and streedhan
properties were also delivered and received there, therefore, no cause of action has taken
place in the state of Assam, particularly in Guwahati. He has also referred to the decision of
this court in Bijay Kumar Jalan Ors. Vs State of Assam Anr. reported in 2017 (5)
GLT 811 and 2018 CRI.L.J. 523
On perusal of the aforesaid decisions as well as the materials placed before this court,
including the complaint, this court is of the view that till a decision is taken after hearing
respondent No. 2, further proceeding with the aforesaid Complaint Case No. 681/2019 is
stayed. Accordingly, stayed.
List the matter in the 1st week of January, 2020.
JUDGE
Comparing Assistant
