Guwahati Court April 2001 Judgments

Rita Kalita and ors. Vs. State of Assam and anr.

Court: Guwahati

1. Heard Mr. S. Medhi, learned counsel for the petitioner and P.P.2. On 14.10.1997 Sri Utpal Baruah, Ushanagar, Tezpur filed a FIR stating inter alia that due to assurance given to him by Rita Kalita for marriage, he took her to Mallika Jewellery and gave 31/2 tolas gold for making ornament, but the gold ornaments were super -stltiously taken away by accused person. In this connection, police registered a case under G.R. No. 1310/97 and started investigation. Thereafter, the police submitted final report being No. 377/97 u/s 173, Cr.P.C. stating inter alia that the dispute between first informant and accused/petitioner arose on misunderstanding of fact. The learned Chief Judicial Magistrate, Sonitpur, however, did not accept the final report; on the contrary, it took cognizance of the case and transfer. The Additional Chief Judicial Magistrate issued bailable warrant of arrest against the accused petitioner. Hence, the present revision.3. Mr. Medhi submits that once police submits fin...

Bijan Nath Vs. Basabi Nath

Court: Guwahati

Reported in: 2001CriLJ4149,II(2001)DMC623

1. None has appeared for the parties. Perused the records.2. On a complaint filed by Smt. Basabi Nath, alleging commission of offence under Sections 498A, 494, 496/34 IPC and under Section 4 of the Dowry Prohibition Act, a complaint case being CR No. 2618C/98 was registered. Vide the order dated 1.9.1998 the learned Magistrate took cognizance of the offence and issued process against the accused person. This is an application for quashing of the said complaint.3. The case of the complainant is that she was married with the petitioner accused person on 8.5.1997 and thereafter lived as husband and wife for sometime but the marital bliss was shattered by the constant demand for dowry by the petitioner-husband and for the failure to meet the demand the respondent-wife was tortured. During the subsistence of the marriage the accused husband pursuant to a criminal conspiracy contacted a second marriage. On examination of the complaint the trial court took cognizance of the offence against th...