NAJIR HUSSAIN Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. Apurba Kumar Purkayastha, learned counsel appearing for the petitioner. Also heard Ms. SM Baruah, learned Additional Public Prosecutor, Assam for the respondent No. 1 and Mr. Sushil Kumar Singh, learned counsel appearing for the respondent No. 2.

(2.) The respondent No. 2, on 16-06-2014 lodged an FIR before the Officer-in-Charge, Samaguri Police Station against the petitioner and three others stating that on 13-04-2014 around 01:00 pm while returning her home from the house of her aunt (Salana Market) with an amount of Rs. 90,000/-, the accuse petitioner with another obstructed her from the front side and took her to Nagaon in a motor bike and kept her at Nagaon for two days. During the said period the accused persons threatened her by various ways and forced her to lodge a case against her husband in Court and further compelled to execute a written Talaknama. In the said FIR the informant respondent No. 2 also alleged that for about two months the accused person kept her as captive at different places at Tarabari, Nagaon, Sonarbali etc and threatened to kill her. She also informed that the accused persons are wicked in nature, threatened to kill her and that there is a possibility of breach of peace and as such requested he authority to take appropriate action. Accordingly, Samaguri Police Station Case No. 152/2014 under Sections 366/506/500/34 was registered against the petitioner and other accused persons of said case.

(3.) After investigation of the case, the Investigation officer of the Case vide No. 98/2015 dated 31-05-2015 filed the Charge Sheet in the said Samaguri PS Case No. 152/2014 under Sections 366/500 against the petitioner only and the learned Judicial Magistrate First Class (JMFC), Kaliabor, Nagaon vide his order dated 29-06-2015 passed in GR Case No. 322/2015 (arising out of said Samaguri PS Case No. 152/2014) took cognizance of the offences under Sections 366/500 IPC against the petitioner, who was shown as an absconder in the said Charge Sheet, and issued summons to him.