JUDGMENT :

ARUN DEV CHOUDHURY,

1. Heard Mr. A.M. Bora, learned Senior Counsel assisted by Mr. V.A. Chowdhury, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the respondent No. 1 and Mr. A.K. Bhuyan, learned counsel for the respondent No. 2.

2. The present criminal petition is filed under Section 482 of the Cr.P.C. seeking quashment of order dated 31.07.2019 passed by the learned Judicial Magistrate First Class, Kamrup (M) Guwahati in connection with Complaint Case No. 681/2019.

3. By the impugned order dated 31.07.2019, cognizance has been taken by the learned Magistrate for an offence under Section 406 of IPC and search warrant has also been issued to recover the stridhan alleged to have been misappropriated by the petitioner’s herein.

4. The only ground of challenge is the jurisdiction of the Magistrate to enquire and try the offence under Section 406 of IPC alleged to have been committed by the petitioners herein inasmuch as according to Mr. Bora, learned Senior Counsel, from the averment made in the complaint, it is clear that neither any offence under Section 406 of IPC was committed within the local jurisdiction of the learned