Arun Chandra Upadhyay, J.

1. The accused/petitioners has challenged the impugned order dated 5.4.2011 passed by the Judicial Magistrate, Kamrup in Complaint Case No. 865/2011, whereby cognizance of offence under Section 403 /34 IPC was taken by the learned trial Court. According to the accused/petitioners since the offence alleged under Section 403 IPC was committed outside the territorial jurisdiction of the Court at Guwahati, the trial court had no legal authority to issue process and proceed with the trial of the case. The facts leading to tiling of this petition may be stated in brief as follows:

The marriage between the accused-petitioner No. 1 and complainant-wife (respondent No. 2) was solemnized socially on 25.6.2003, followed by marriage agreement, executed before the Sub Registrar, Rangia, District Kamrup, Assam. Subsequently, formal marriage was solemnized according to Islamic Sariyat on 28.5.2008. At the time of the marriage, 'Mahr' amount was fixed at Rs. 1,00,101/-. The complainant respondent stated that after the marriage, complainant stayed at her parents house till 28.5.2008, as the accused had no permanent income of his own and even at the time of getting the job in the jail Department, the complainant-wife had to pay Rs. 20,000/- to the accused petitioner.

2. When the accused-petitioner got a permanent job in the jail department at Tezpur complainant-wife came to live with him at Sealmari, to lead a happy conjugal life. During subsequent period, the accused lived at his work place, whereas me complainant wife had to live with the parents of the accused petitioner.

3. However, subsequently, conjugal relationship between them started to deteriorate and as a sequel to that the accused-petitioner in conspiracy with the co-accused No. 2, 3, 4 and 5 made unlawful demand for dowry. The accused-petitioner No. 1 demanded Rs. 50,000/- along with modern furniture etc. However, when the complainant wife showed her inability to meet the demand, she was mentally tortured and was kept confined inside the house by the accused-petitioner. However, at the interference of the local people and the neighbouring residents, an amicable settlement was arrived at between the parties and the accused persons promised not to torture the complainant-wife in future.

4. Unfortunately, after sometime the accused petitioner started making fresh demands for payment of Rs. 50,000/- and, for nonpayment of such amount, the complainant-wife was mercilessly tortured both physically and sexually. Finally, the complainant-wife was driven out from the matrimonial home. The complainant-wife having no alternative came to reside with her brother at Guwahati. She filed an application in the court of the Principal Judge, Family Court at Guwahati, under Section 125 CrPC, seeking monthly maintenance allowances from her husband i.e. the accused-petitioner.

5. The complainant-wife stated that she had many articles, which were given to her at the time of marriage, but those articles were kept in the custody of the accused No. 1 at the matrimonial home. When complainant-wife came to know that the accused petitioners started mis-using and damaging the articles belonging to her, she apprehended that the articles may be mis-appropriated by the accused petitioner and thus wanted to bring back those articles from the possession and custody of the accused-petitioner. Accordingly, the complaint-wife along with her brother Samsul Haque came to visit the residence of accused petitioners and requested them to give back the articles belonging to the complainant-wife. But the accused petitioners refused to give back the articles to the complainant wife, rather, the accused petitioners threatened them with dire consequence and asked not to visit their residence again with such proposal. Thus, having no alternative, the complainant-wife lodged the complaint petition in the Court of Chief Judicial Magistrate, Kamrup at Guwahati, alleging commission of offence of mis-approp