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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRANJAL DAS
Shankar Deo Sharma, S/o Sri Brahmanand Sharma – Appellant
Versus
State Of Assam, Represented By The Pp, Assam – Respondent
JUDGMENT :
Pranjal Das, J.
Heard Mr. D. Goswami, learned counsel for the petitioner. Also heard Mr. B.N. Mukherjee, learned counsel for the respondent No.2/informant.
2. This is an application under Section 528 of BNSS against the impugned order dated 03.05.2024 passed by the learned Sub- Divisional Judicial Magistrate (S), Bongaigaon in connection with C.R. Case No. 66/2023 under Section 406 of IPC, by issuing summons to the accused petitioner.
3. The respondent complainant, Riyanka Sharma, who is married to the accused petitioner herein, namely, Shankar Deo Sharma had filed a complaint case being Complaint Case No. 66/2023 under Section 406/420 IPC regarding non-return of Stridhan property which was listed in paragraph 9 of the complaint petition.
4. In support of the complaint, the complainant, thereafter, was examined by the learned trial court, being the court of learned SDJM(S), Bongaigaon. Along with the initial deposition of the complainant, two more witnesses were examined by the learned trial court as CW1 and CW2, who were the mother and aunt respectively, of the respondent/complainant. Thereafter, the learned court below vide order dated 03-05-2024 was pleased to take cogniza
The court affirmed that criminal breach of trust regarding stridhan is a continuing offence, allowing for cognizance to be taken within the statutory limitation, restarting with each demand.
The limitation period for filing a complaint under Section 406 IPC is three years, but in cases of non-return of Stridhan, it is deemed a continuing offence under Section 472 CrPC, allowing cognizanc....
The limitation period for taking cognizance under the Dowry Prohibition Act is not restricted, and the trial court must consider the timing and grounds for discharge as it examines prima facie eviden....
Cognizance of offence – Cognizance’ ought to be taken within specified period from commission of offence but complainant should not be put to prejudice, if for reasons beyond control of prosecuting a....
The court emphasized the necessity of following mandatory procedures under criminal law before issuing process against an accused, reinforcing the legal standards for establishing a criminal breach o....
It is well settled law that articles given at the time of marriage by the parents, friends and husband are Stridhan.
Cruelty - Quash of Proceeding - There can be no doubt whatsoever, that allegations levelled against Appellants do not justify any inference, which would lead to conclusion, that they could be held re....
(1) A Hindu married woman is absolute owner of her Stridhan and can deal with it in any manner she likes – Husband has no right and it has to then be necessarily concluded that a father too, has no r....
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