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Revision: Cognizance By Magistrate

Quashing of the complainant petition has been sought mainly on the ground that the Court has no jurisdiction to take Cognizance of the offence in view of the provisions contained in section 174, Crpc. Admittedly the marriage was solemnised in the District of Cachar and the parties lived together as husband and wife at Silchar. The alleged cruelty was committed to the wife during her stay at Silchar.

It was, however, stated that the accused person's with the help of his family member's entered in to a criminal conspiracy and pursuant to that contracted a second marriage and when the complainant came to know about it, she had no other alternative but to leave for her parents place and she was bought back from Silchar and she has taken up her permanent residence at Guwahati.

Sub- Clause (2) of Section 182 ,Crpc , was incorporated by the 1978 Amendment and it was clearly provides that in case of a complaint under section 494 Crpc ,the same may be tried at the place where the wife has taken up permanent residence after the commission of the offence.

In the process under section 494 Crpc, was issued for the alleged second marriage of the husband and complaint claims that she has taken up her permanent residence in the jurisdiction of the Guwahati High Court and such this court had jurisdiction to take Cognizance of the offence.

It, was however stated that only the husband was liable for the offence u/s 494 Crpc, but so far the other accused s are concerned of the offence had occurred at Silchar and as such the Guwahati Court had no jurisdiction to entertain the complainant.

There was an allegations of commission of offence u/s 120- B read with section 494 ,IPC against all the accused person's and in view of the provisions contained in section 184 ,Crpc, find that Court at Guwahati had jurisdiction to entertain the complaint.

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