LAWS(GAU)-2023-2-12

GANESH BISWAS Vs. STATE OF ASSAM

Decided On February 09, 2023
Ganesh Biswas Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard the learned counsel Mr. PK Roychoudhury appearing for the petitioners. Also heard Mr. J. Roy, the learned senior counsel representing the respondent(s).

(2.) This is an application under Sec. 407 of the CrPC seeking a transfer of the Complaint Case No.170 of 2019 under Sec. 406 and 506 of the Indian Penal Code pending in the court of the Chief Judicial Magistrate at Jorhat to the court of the Chief Judicial Magistrate, Kamrup(Metro) at Guwahati.

(3.) The sole respondent was married to the petitioner no.1 on 17/1/2019. It was an arranged marriage. Very soon, the couple fell from cloud nine. Marital disputes started to arise. She left her matrimonial home at Guwahati and started to reside with her parents at Jorhat. Her stridhan properties are still in her matrimonial house at Guwahati. For recovery of those items, she filed a case being CR No.170/2019 under Sec. 406/506 of the Indian Penal Code in the court of the Chief Judicial Magistrate, Jorhat.