SYEEDA FARHANA YASMIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.P. Dutta, learned counsel for the petitioners as well as Mr. R.J. Baruah, learned Addl. P.P., Assam for the State respondent No. 1. Also heard Mr. A.K. Gupta, learned counsel for the respondent No. 2.

(2.) By this petition under Sec. 407 Cr.P.C. the petitioner has prayed for transfer of C.R. Case No. 318C /2008, pending in the Court of learned Judicial Magistrate, First Class, Tinsukia, to any competent Court within the jurisdiction of Chief Judicial Magistrate, Kamrup (M), Guwahati.

(3.) The petitioner's case precisely is that based on a complaint filed by the respondent No. 2, who is a retired Head Assistant of the Office of the Chief Judicial Magistrate, Tinsukia, a case being Complaint Case No. 318C /2008 under Sec. 500 of the IPC was registered against both the petitioners, who are husband and wife respectively. Accordingly, after due inquiry under Ss. 200 and 202 Cr.P.C., on being satisfied that there was prima facie case, took cognizance of the offence under Sec. 500 of the IPC and issued summons for appearance of the accused petitioners vide order, dtd. 3/12/2008 passed by the learned Judicial Magistrate, 1st Class, Tinsukia. Being aggrieved by the aforesaid order, dtd. 3/12/2008, the petitioners approached this Court by filing a petition under Sec. 482 Cr.P.C. praying for quashing the aforesaid complaint case, but was dismissed vide order, dtd. 20/1/2015 passed in Crl. Pet. No. 43/2009. Against the aforesaid order, dtd. 20/1/2015, the petitioners moved the Hon'ble Supreme Court by filing S.L.P. (Crl.) No. 2818/2015, but the same was dismissed by order, dtd. 13/4/2015. Again the petitioners filed Review Petition (Crl.) No. 436/2015 for review of the order, dtd. 13/4/2015, but the same was also dismissed by an order, dtd. 12/8/2015. Thereafter, the learned Judicial Magistrate, 1st Class, Tinsukia, issued summons to the petitioners, on 15/7/2017, directing for their appearance in the case, which they received, but they have not appeared in response thereto.