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Judgments of Supreme Court of India and High Courts

Mithilesh Gupta And Anr vs Sangita Gupta on 11 March, 2020

Page No.# 1/3

GAHC010055922020

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet. 239/2020

1:MITHILESH GUPTA AND ANR.
S/O- LT. BISHANU PRASAD GUPTA, R/O- H.NO. 555, NEARBY CHECK GATE,
UNDER KHAT KHATI P.S., P.O. KHAT KHATI, IN THE DISTRICT OF KARBI
ANGLONG, ASSAM

2: LOKESH KUMAR GUPTA
S/O- SRI MITHILESH GUPTA
R/O- H.NO. 555
NEARBY CHECK GATE
UNDER KHAT KHATI P.S.
P.O. KHAT KHATI
IN THE DISTRICT OF KARBI ANGLONG
ASSA

VERSUS

1:SANGITA GUPTA
W/O- SRI LOKESH KR. GUPTA, D/O- BIRENDRA SHAH, R/O- KRISHNA
NAGAR, BOKAJAN UNDER BOKAJAN P.S., IN THE DIST.- KARBI
ANGLONG, ASSAM

Advocate for the Petitioner : MR. P KATAKI

Advocate for the Respondent :
Page No.# 2/3

BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

11-03-2020

Heard Mr. P. Kataki, learned counsel for the petitioners.

On the basis of a complaint dated 25.04.2019 lodged by the sole respondent before the
learned Chief Judicial Magistrate, Diphu, Karbi Anglong being C.R. Case No. 25/2019, wherein
the learned Trial Magistrate after recording the deposition of the informant as well as her
witness, by order dated 11.07.2019 took cognizance of the offence under Section 406 IPC
against the petitioners. Being aggrieved, the petitioners have preferred this criminal petition
stating that the said complaint i.e., the C.R. Case No. 25/2019 is barred by limitation as per
the provisions of Section 468 CrPC.

Placing before the Court that both in the complaint as well in the statement of the
complainant recorded under Section 200 CrPC and the statement of her witness recorded by
the Magistrate under Section 202 CrPC, reflect that marriage between the petitioner No.2 and
the sole respondent was solemnized on 13.02.2012 and the cause of action arose on
28.02.2016 and 11.03.2016 whereas the complaint was filed on 25.04.2019.

Issue notice, returnable by 29.04.2020.

Petitioners shall take step for service of notice on the sole respondent by Registered
post with A/D by tomorrow providing her correct and proper address with requisite postal
stamps.

Subject to taking step on the sole respondent as directed above, the proceeding of said
C.R. Case No. 25/2019, now pending before the Court of learned Judicial Magistrate, First
Class, Bokajan, Karbi Anglong shall remain suspended till the returnable date (i.e.,
29.04.2020).

List accordingly.

JUDGE
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