REKHA BHARGAVA Vs. AMRIT BHARGAVA AND ORS.

JUDGEMENT

(1.) HEARD Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. P.K. Kalita, learned counsel along with Mr. G. Kakati and Mr. N. Das, learned counsel appearing for the respondent No. 1. I have also heard Mr. D. Das, learned Additional PP, Assam representing the respondent No. 2 i.e. the State of Assam.

(2.) BY means of this petition, the complainant/petitioner has prayed for leave to appeal against the judgement dated 26/05/2014 of the learned SDJM -I(S), Kamrup, Guwahati, passed in case No. 279(C)/2010. By the said judgement the accused respondent No. 1 has been acquitted of the charge under section 406 IPC. According to Mr. Mannan, learned counsel for the petitioner/complainant, there is error of judgement in dismissing the complainant towards acquittal of the accused respondent No. 1. On the other hand, Mr. Kalita, learned counsel representing the said respondent, submits that the complainant having failed to make out a prima facie case against the accused respondent No. 1, the learned trial Court has rightly rejected the complaint and acquitted the accused respondent No. 1.

(3.) AS stated in the said complaint petition, differences arose between the parties and eventually the complainant was forced to leave the house of her husband i.e. the accused respondent No. 1 in July, 2007 and thereafter she started living with her parents. As further stated in the complaint petition, on the basis of the FIR lodged by the complainant, all Women Police Station Case No. 83/2008 was registered under Section 498(A)/120(B) IPC against the accused respondent No. 1 and others. In the said case, he was arrested and was sent to judicial custody. However, later on, he was released on bail. Referring to the Annexure -II agreement, the complainant alleged that as per the said agreement, the accused respondent No. 1 was to return the stridhan to her but on approach he declined to do so. As stated in the complaint, the accused is now a resident of Siliguri town in the State of West Bengal.