SUDHIR CHANDRA SAHA Vs. RUMPA SAHA

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973, for short, Cr.PC. is directed against the judgment and order dated 26.02.2013 passed by the learned Additional Sessions Judge, FTC No. 1, Tinsukia, dismissing Criminal Revision No. 19/2012holding that the Court at Tinsukia will have territorial jurisdiction to try the CR Case No. 53(C)/12 filed by the opposite party No. 1, and the order dated 14.05.2012 passed by the learned Sub-Divisional Judicial Magistrate, Tinsukia in CR Case No. 53(C)/12 taking cognizance of offence against the petitioners under Sections 498-A/406/34 IPC and issuing summons were issued under Section 91 of Cr.PC. to produce stridhan articles and also for appearance. The facts as described in this application are that the marriage of the petitioner No. 3 was solemnised with the opposite party No. 1 on 28.06.2011. The petitioner Nos. 1, 2 and 4 are the father, mother and brother, respectively, of the petitioner No. 3. After marriage, the opposite party No. 1 resided with the petitioners at Nabapally, Police Station-Barasat, Kolkata. The petitioner No. 3 and opposite party No. 1 came to Tinsukia on 07.12.2011 to the parental home of the opposite party No. 1 and then on 11.12.2011, the petitioner No. 3 went back to his place of residence at Nabapally.

(2.) The opposite party No. 1 filed a complaint in the Court of the learned Chief Judicial Magistrate, Tinsukia, against the petitioners praying for taking cognizance of offences under Section 498-A/406/34 IPC and for recovery of stridhan articles as mentioned in the schedule of articles to the complaint petition.

(3.) The learned Magistrate took cognizance under Sections 498-A/406/34 IPC by an order dated 14.05.2012and issued summons against the petitioners for appearance. The learned Magistrate had also issued summons under Section 91 of Cr.PC. for production of stridhan articles.