MUNINDRA NATH MAHANTA AND ANR. Vs. NIRU MAHANTA

JUDGEMENT

(1.) THIS is an application under Section 482 of Cr.P.C. with the object of getting the proceedings, registered as case No. C.R. 1828 of 2000 under Section 406, rule 34 of IPC, against the present petitioner by the respondent/opp. party quashed. Earlier in this context there was a revision petition before Additional District Judge, Nagaon, vide CM. No. 24(n) 2001, which was dismissed.

(2.) TO be concise and precise the respondent herein before this court Smt. Niru Mahanta, filed a complaint against the present petitioners Manindra Nath Mahanta and Smt. Kalindi Mahanta stating that after the death of her husband they drove away her from the matrimonial home retaining properties belonging to her as she was the second wife of her husband married to him on death of the first wife, who died giving birth to three children, but she had none. That learned District Judge, Nagaon, appointed Respondent No. 2 as the guardian of the minor children and declared present respondent to the entitled of 1/5th share in the property left by her husband. That she demanded her share of property as per judgment of the district Judge but the accused persons refused to handover the properties and were trying dispose of/sale the same. That if the properties are not urgently recovered there is risk of same being misappropriated etc.

(3.) ON such statements being made before the court, the court pass the following order.