BIJAY KUMAR JALAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition has been preferred, under Section 482 Cr.P.C., 1973 for setting aside and quashing the CR Case No. 4/2017, under Sections 406/34 of the IPC, pending in the Court of Chief Judicial Magistrate, Jorhat, and the order, dated 17-02-2017, passed therein. The said complaint was lodged by the respondent No. 2 herein, as complainant, against the petitioners alleging that the petitioners have misappropriated her stridhan properties, given at the time of her marriage with accused petitioner No. 1, Sri Bijay Kumar Jalan. The petitioner No. 2 and petitioner No. 3 are the father and mother, respectively, of the petitioner No. 1. The respondent No. 2, had also prayed for issuance of search warrant for recovery of stridhan articles from the residence of the petitioners.

(2.) After the complaint was lodged, the learned Court below recorded the statement of the respondent No. 2, under Section 200 Cr.P.C., 1973 By an order dated 17.02.017, the learned Court below passed an order whereby cognizance of the offence under Section 406/34 IPC was taken against the petitioners. By the same order, the learned Court below also issued a search warrant directing the O/C, Dergaon P.S to execute the search warrant at the house of the petitioners. The O/C, Dergaon P.S was further directed, by the said order, dated 17.02.2017, to hand over the stridhan articles to the respondent No. 2 on her executing a bond of Rs. 5,00,000/-.

(3.) As said before, the order dated 17.02.2017 and the proceedings in the CR Case No. 4/2017 have been put to challenge, by the accused persons as petitioners, in this petition under Section 482 read with section 401 of the Code of Criminal Procedure, 1973 (Cr.PC)