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2017 Supreme(Gau) 874

HITESH KUMAR SARMA
Bijay Kumar Jalan, Son of Ramawatar Jalan – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioners:Mr. AM Bora, Sr. Advocate. Mr. J Patowary, Mr. D Gogoi, Ms. C Choudhury, Mr. DK Baidya, Advocates.
For the Respondents:Mr. NK Kalita, Additional Public Prosecutor, Assam. Advocates Mr. GN Sahewalla, Sr. Advocate Mr. P Bora, Md. Aslam, Mr. P Deka, Ms. D Swami, Advocates.

JUDGMENT & ORDER :

1. The instant petition has been preferred, under Section 482 Cr.P.C., for setting aside and quashing the CR Case No. 4/2017, under Sections 406/34 of the IPC, pending in the Court of Chief Judicial Magistrate, Jorhat, and the order, dated 17-02-2017, passed therein. The said complaint was lodged by the respondent No. 2 herein, as complainant, against the petitioners alleging that the petitioners have misappropriated her stridhan properties, given at the time of her marriage with accused petitioner No. 1, Sri Bijay Kumar Jalan. The petitioner No. 2 and petitioner No. 3 are the father and mother, respectively, of the petitioner No. 1. The respondent No. 2, had also prayed for issuance of search warrant for recovery of stridhan articles from the residence of the petitioners.

2. After the complaint was lodged, the learned Court below recorded the statement of the respondent No. 2, under Section 200 CrPC. By an order dated 17.02.017, the learned Court below passed an order whereby cognizance of the offence under Section 406/34 IPC was taken against the petitioners. By the same order, the learned Court below also issued a search warrant directing the O/C, Dergaon P.S to















































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