SAMUL HAQUE Vs. AMJAD HUSSAIN

JUDGEMENT

(1.) This Criminal Revision application is so filed under Section 482 read with Section 401/397 of the Code of Criminal Procedure '1973 against the order dated 19.6.93 passed by the learned Judicial Magistrate, 1st Class, Dhubri taking cognizance of the offence against the accused petitioners under Section 365 read with Section 34 of the I.P.C. issuing processes against them as to appear and face the trial and also directing the petitioners accused for production of the girl in question i.e. Monowara Begum in Complaint Case No. 10C93.

(2.) By challenging the impugned order, it is further submitted on behalf of the petitioners who are husband and wife that it will be simply the abuse of the process of the Court as to allow the proceeding to continue and that being the position the prayer is to set aside and quash the whole proceeding & case so lodged against the accused petitioners by lodging the complaint case.

(3.) The brief history of the case runs like this :- The complainant Amzad Hussain lodged a complaint in the Court of the Judicial Magistrate, Dhubri bearing Case No. 10C93 against the accused petitioners Samsul Haque and his wife Musstt. Sahera Khatun with regard to their taking away the sister of the complainant namely, Monowara Begum on 18.5.93 who was minor at that time, to their place and not sending her back inspite of Manowar Hussain (witness No.5) being sent by the complainant to take back his sister. The case of the complainant is that the minor sister of the complainant was thus taken away and wrongfully confined in the house of the accused petitioners and that the complainant had all the apprehension that his sister may be compelled to marry or be forced to enter into illicit intercourse at the instance of the accused petitioners. It has also been stated in the complaint petition that accused No. 1 happens to be the brother-in-law of the complainant and accused No. 2 who is the wife of accused No.l is one of the sisters of the complainant. After lodging of the complaint petition, it further transpires that the complainant was also examined on solemn affirmation who supported his case as given in the complaint petition. The learned Judicial Magistrate was thus pleased to pass orders under Section 204 Cr.P.C. finding prima facie material against the accused persons committing offence coming under the purview of Section 365 of the I.P.C. which according to the learned Court below they had committed in furtherence of their common intention. 3. Heard Mr. J.M. Choudhury, learned counsel for the petitioners. No one appeared on behalf of the Opposite Party/Complainant though as per the office note the notice so served upon was so accepted.