PRADYUT KR DAS Vs. AJIT BORAH

JUDGEMENT

(1.) The opposite party herein lodged a complaint in the Court of the learned Chief Judicial Magistrate, Nagaon. This complaint gave rise to CR Case No. 508/2005, the case of the complaint being, in brief, thus: The complainant lived a happy married life with his wife and daughter for about seven years since after his marriage. The accused, who, in course of time, started living as a neighbour of the complaint in a rented house, induced the wife of the complainant and started cohabiting with her. When the complainant came to know about the illicit relationship, which had developed between his wife and the accused, the complainant talked to his wife and she admitted that she was in love with the accused. On the following day, the wife of the complainant went to her parental house and instituted a suit seeking divorce on various false and concocted allegations. The accused is a married man and though the complainant had asked the accused to stop his illicit relationship with the complainant's wife, the complainant found that the accused had, even on 01.04.2005 and 24.04.2005, cohabited with the complainant's wife at Swagat hotel, Nagaon and the complainant has witnesses to prove the same.

(2.) On receipt of the above complaint on 26.04.2005, the learned Chief Judicial Magistrate, Nagaon, made over the complaint to a Judicial Magistrate, 1st Class, Nagaon, who, in turn, fixed 02.05.2004 for recording the statement of the complainant. The statement of the complainant was, however, recorded on 03.05.2005. The learned Magistrate, then, examined and recorded the statement of one of the witnesses, who had been produced by the complainant on 11.05.2005 and, then, directed issuance of summons under Section 498 IPC against the present accused-petitioner on the ground that the statement of the complainant and his witness disclose a prima facie case against the accused-petitioner. Pursuant to the summons issued, the accused-petitioner appeared in the learned Court below and was allowed to go on bail. After having obtained bail, the accused-petitioner has, now, challenged before this Court Che very order, dated 11.11.2005, whereby summons was directed to be issued against him.

(3.) I have heard Mrs. N.S. Thakuria, learned counsel for the accused-petitioner and Mrs. A. Begum, learned Addl. Public Prosecutor, Assam, for the State.