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GAHC010128282019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 635/2019
1:PRADIP DAS @ PRADIP KUMAR DAS AND 3 ORS.
S/O LATE HARI SADAN DAS, R/O NILGIRI APARTMENT, FLAT NO. 102/G,
2ND FLOOR, P.O.-PANDU, P.S.-JALUKBARI, DIST-KAMRUP(M), ASSAM, PIN-
781012
2: SMTI USHA DAS
D/O LATE HARI SADAN DAS
R/O NILGIRI APARTMENT
FLAT NO. 102/G
2ND FLOOR
P.O.-PANDU
P.S.-JALUKBARI
DIST-KAMRUP(M)
ASSAM
PIN-781012
3: SMTI UMA DAS
D/O LATE HARI SADAN DAS
R/O NILGIRI APARTMENT
FLAT NO. 102/G
2ND FLOOR
P.O.-PANDU
P.S.-JALUKBARI
DIST-KAMRUP(M)
ASSAM
PIN-781012
4: SMTI SHRABANI DAS
D/O LATE HARI SADAN DAS
R/O NILGIRI APARTMENT
FLAT NO. 102/G
2ND FLOOR
P.O.-PANDU
P.S.-JALUKBARI
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DIST-KAMRUP(M)
ASSAM
PIN-78101
VERSUS
1:SANGEETA DAS @ SANGITA DAS @ POPI
W/O SRI PRADIP DAS @ PRADIP KUMAR DAS, D/O LATE ANIL CH. DEY,
R/O C/O SRI BIMOL CH. DEY, WARD NO. 3, NEAR TOWN COMMITTEE
OFFICE, SARBHOG, P.O. AND P.S.-SARBHOG, DIST-BARPETA, ASSAM, PIN-
781317
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
10.06.2019
Heard Mr. S. C. Biswas, learned counsel appearing for the petitioner.
This criminal petition is directed against the order dated 01.11.2018
passed by the learned Judicial Magistrate First Class, Barpeta taking
cognizance in C.R. Case No.413c/2018 registered under Sectionsection 406 IPC.
Mr. Biswas submits that his client is willing to return the stridhan to the
respondent and to settle the matter amicably but the issuance of the process
has unnecessarily subjected the petitioner and his family members to undue
harassment.
After perusal of the materials available on record, I am of the view that
matter calls for deeper examination.
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Issue notice returnable in six weeks.
Petitioner to take steps for service of notice upon the respondent by
registered post with A/D as well as by usual process within a week from today.
Heard on the prayer of interim relief.
Further proceeding in connection with C.R. Case No.413 c/2018 shall
remain suspended till the returnable date, subject to the condition that within
two weeks from today, the petitioner shall file an inventory of all such stridhan
articles which are lying in his custody before the learned Judicial Magistrate First
Class, Barpeta. Upon filing of such inventory, it would be open for the learned
trial court to pass necessary orders for giving custody of the same to the
respondent(wife).
JUDGE
Comparing Assistant
