TUNU DEVI @ TANU DEBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present application under section 407 read with 482 Cr.P.C has been filed with a prayer for transfer of the CR Case No. 28/2014 pending in the court of Ld. Judicial Magistrate 1st class (in short JMFC), Karbi Anglong to the court of Ld. CJM, Nagaon.

(2.) Necessary brief required to be noticed is as follows:

(3.) The respondent Bapi Das married the daughter of the petitioner No. 1 (Jina Das) in the year 2008 and thereafter parties lived as husband and wife uttarborbill at Karbi Anglong and out of the wedlock a daughter was also born. The respondent lodged the complaint on 02.7.2014 before the Deputy Commissioner, Karbi Anglong Diphu with the allegation that the husband of petitioner No. 1 Sri Gambhir Nath taken away his wife Jina on 18.05.2013 and after long time she returned to the respondent but however on 20.04.2014 said Gambhir Nath came to the house of respondent at Uttarborbill and taken away his wife along with Rs. 27,000/- without his consent, in his absence. When the respondent went to bring back his wife on 8.5.2014 to Dhing then all the family members (that is petitioners herein) along with Gambhir Nam abused and beaten him to dire consequences and his request to return the money as well as wife was turned down. The aforesaid complaint petition was registered as a CR Case No. 28/2014 under section 379/506/323/34 IPC as against the present petitioners along with said Gambhir Nam. The court took the cognizance of the offence by its order date 14.7.2014 and issued summons to all the accused persons (petitioners herein) for appearance before the court.