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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Narjina @ Narzina Khatun D/o Late Abdul Gafur Sk. – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. background of the criminal petition (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding cognizance and necessity of investigation (Para 5 , 6 , 11) |
| 3. requirements and interpretation of sections 200 and 202 of cr.p.c. (Para 8 , 9 , 10 , 12 , 13 , 14) |
| 4. no offence under section 406 ipc established (Para 15) |
| 5. quashing of the proceedings and order (Para 16 , 17) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. The instant criminal petition has been preferred seeking quashing of the impugned order of cognizance dated 23.11.2022 passed in C.R. Case No. 375/2022 by the learned JMFC Barpeta, as well as the said proceedings themselves. The facts leading to the present criminal petition may be briefly summarized as follows.
2. The petitioner is the wife of the respondent O.P. No. 2. Their marriage took place in the year 2000, and she lived with the respondent No. 2 till 07.03.2022. In the course of the marriage, the petitioner gave birth to two male children, presently aged about 22 years and 12 years. During the subsistence of the marriage, the respondent O.P. No. 2 married again, and the petitioner was subjected to cruelty and torture at the hands of her husband/respondent/O.P. No. 2, as a re
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