PARASHMONI KONWAR Vs. PARIMITA SHYAM KONWAR

JUDGEMENT

(1.) Heard Mr. B.K.Mahajan, learned counsel appearing on behalf of the petitioners and Mr. B. K. Das, learned counsel for the respondent.

(2.) This is a dispute between the husband and wife and the respondent wife Smti Parimita Shyam Konwar filed a complaint on 19.4.2004 before the Sub-Divisional Judicial Magistrate, Charaideo, Sonari stating interalia that she was married to the petitioner accused Parashmoni Konwar on 27.11.2003 and thereafter they lived as husband and wife at Guwahati. The complainant alleged commission of cruelty on her by the husband and husband's mother Smti Sonmai Konwar and it has been alleged that the two accused persons threatened to kill her and on 12.4.04 she left the company of the accused person and went to Sonari along with her mother and she is living at her mother's place. The said complaint was sent to police for investigation and thereafter police submitted charge sheet No. 97 dated 17.12.04 against the two accused persons u/s 498 (A) IPC and the case is pending for trial before the Court of SDJM, Charaideo, Sonari.

(3.) This is an application u/s 407 CrPC for transferring the said case for trial at Guwahati solely on the ground that no cause of action has arisen at Sonari and in view of the provisions of Section 177 CrPC, the case needs to be tried at Guwahati and it may be transferred to Guwahati.