Gauhati High Court
Page No.# 1/3 vs Monisha Chauhan on 9 April, 2024
Page No.# 1/3
GAHC010074932024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./414/2024
SAGAR CHAUHAN AND 3 ORS
S/O LATE GANGA CHAUHAN
RESIDENT OF VILLAGE MAJGAON, PS KHERONI, DIST WEST KARBI
ANGLONG, ASSAM
2: SMTI. KAMLAWATI DEVI @ KALAWATI DEVI
W/O SAGAR CHAUHAN
RESIDENT OF VILLAGE MAJGAON
PS KHERONI
DIST WEST KARBI ANGLONG
ASSAM
3: SR BIJOY CHAUHAN
S/O LATE GANGA CHAUHAN
RESIDENT OF VILLAGE MAJGAON
PS KHERONI
DIST WEST KARBI ANGLONG
ASSAM
4: SMTI LAXMI DEVI @ LAKHI DEVI @ LAKHIJA DEVI
W/O BIJOY CHAUHAN
RESIDENT OF VILLAGE MAJGAON
PS KHERONI
DIST WEST KARBI ANGLONG
ASSA
VERSUS
MONISHA CHAUHAN
D/O DURGAVIJOY CHAUHAN,
RESIDENT OF VILLAGE DAYANAG MUKH, PO DAYANG MUKH, 782448,
DIST. WEST KARBI ANGLONG, ASSAM
Page No.# 2/3
Advocate for the Petitioner : MR. D GOGOI
Advocate for the Respondent :
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
09.04.2024 Heard Mr. R. Bora, learned counsel for the petitioners.
This is an application filed under Section 482 read with Sections 397/401 of the Code of Criminal Procedure, 1973, praying for setting aside and quashing the impugned judgment and order dated 08.08.2023, passed by the learned Judicial Magistrate First Class, West Karbi Anglong, Hamren, in CR (DV) Case No. 07/2023, wherein, the cognizance has been taken against the accused including the present petitioners.
Issue notice to the respondent, returnable within 3 (three) weeks.
The learned counsel for the petitioner shall take steps for service of notice upon the sole respondent by registered post with A/D as well as by usual process within a week from today.
It is submitted by the learned counsel for the petitioners, Mr. Bora that the present/petitioners who are respondent Nos. 6 to 9 in complaint petition i.e. the CR (DV) Case No. 07/2023 are not at all involved in the alleged offence and they are the resident of Kheroni, West Karbi Anglong. He also submits that the present petitioners Page No.# 3/3 are not named in the FIR lodged by the complainant. Further, in the statement made by the sole respondent/complainant under Section 161 of Cr. P.C., it is seen that the names of the present petitioners has not mentioned as well as no allegation has been brought against them. Thus, the accused/petitioners are residing in different district and they are not at all involved in the alleged offence and hence, the present petition has been filed for quashing and setting aside of the impugned order dated 08.08.2023. However, it is seen that the learned Court below has already taken cognizance against all the accused person including the present petitioner and hence, he accordingly prays to stay the further proceeding in connection with CR (DV) Case No. 07/2023 pending against the petitioners before the Court of learned Judicial Magistrate First Class, West Karbi Anglong, Hamren.
Considering the submissions of learned counsels for both sides and also considering the facts and circumstances on the record, further proceeding in C. R. (DV) Case No. 07/2023 in respect of the present petitioner stands stayed till returnable date.
Also call for the records from the learned Court below.
List the matter after 3 (three) weeks.
JUDGE Comparing Assistant