MUSTAKIN HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused/petitioners has challenged the impugned order dated 5.4.2011 passed by the Judicial Magistrate, Kamrup in Complaint Case No. 865/2011, whereby cognizance of offence under Section 403 /34 IPC was taken by the learned trial Court. According to the accused/petitioners since the offence alleged under Section 403 IPC was committed outside the territorial jurisdiction of the Court at Guwahati, the trial court had no legal authority to issue process and proceed with the trial of the case. The facts leading to tiling of this petition may be stated in brief as follows:

(2.) When the accused-petitioner got a permanent job in the jail department at Tezpur complainant-wife came to live with him at Sealmari, to lead a happy conjugal life. During subsequent period, the accused lived at his work place, whereas me complainant wife had to live with the parents of the accused petitioner.

(3.) However, subsequently, conjugal relationship between them started to deteriorate and as a sequel to that the accused-petitioner in conspiracy with the co-accused No. 2, 3, 4 and 5 made unlawful demand for dowry. The accused-petitioner No. 1 demanded Rs. 50,000/- along with modern furniture etc. However, when the complainant wife showed her inability to meet the demand, she was mentally tortured and was kept confined inside the house by the accused-petitioner. However, at the interference of the local people and the neighbouring residents, an amicable settlement was arrived at between the parties and the accused persons promised not to torture the complainant-wife in future.