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2023 Supreme(Gau) 284

PARTHIVJYOTI SAIKIA
Ganesh Biswas S/o Late Narayan Biswas – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.K. Roychoudhury.
For the Respondent: J. Roy.

JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

1. Heard the learned counsel Mr. P.K. Roychoudhury appearing for the petitioners. Also heard Mr. J. Roy, the learned senior counsel representing the respondents.

2. This is an application under Section 407 of the Cr.P.C. seeking a transfer of the Complaint Case No. 170 of 2019 under Section 406 and 506 of the Indian Penal Code pending in the court of the Chief Judicial Magistrate at Jorhat to the court of the Chief Judicial Magistrate, Kamrup (Metro) at Guwahati.

3. The sole respondent was married to the petitioner no. 1 on 17.01.2019. It was an arranged marriage. Very soon, the couple fell from cloud nine. Marital disputes started to arise. She left her matrimonial home at Guwahati and started to reside with her parents at Jorhat. Her stridhan properties are still in her matrimonial house at Guwahati. For recovery of those items, she filed a case being CR No. 170/2019 under Section 406/506 of the Indian Penal Code in the court of the Chief Judicial Magistrate, Jorhat.

4. In support of their cases, the petitioners have relied the provision of law as laid down in Section 181(4) of the Cr.P.C. It reads as under:

    “181(4) Any offence of criminal misappropri

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