PRATAP SIL Vs. BANESH SIL

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), the petitioners have prayed for quashing of the proceedings in C.R. Case No. 554/2009 pending before the learned Judicial Magistrate, 1st Class, Kaliabor, Nagaon. The petitioners have also challenged the legality and validity of the summon dated 06.03.2010 issued to them by the learned Magistrate requiring their attendance in the Court in connection with the aforesaid case. The facts of the case, shorn of details, may be briefly stated at the very outset.

(2.) The respondent as the complainant filed a complaint in the Court of the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon against the petitioners, who were named as the accused. According to the complainant, the eldest daughter of the complainant Smti. Mompi Seal got married to the son of the accused No. 1 Hemraj Seal. Hemraj was a sepoy in the 32 Assam Rifles. The residence of the accused persons is at Charingia, Silakara Basti (near Homeguard Centre), Jorhat.

(3.) Hemraj died in a road accident on 12.08.2009 while he was on duty. The complainant and his family members went to the residence of his son-in-law to perform the rituals. When they found their daughter not in a good condition, they wanted to bring her to their residence at Samaguri in the district of Nagaon. But the accused persons did not allow them to take their daughter. Thereafter, on two subsequent occasions when the complainant went to bring her, she was not allowed to come. The complainant alleged that his daughter was forcibly and illegally confined in the house of the accused persons.