ANIL KUMAR SAXSENA Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) The five accused persons (hereinafter called as the petitioners) of Criminal Case No.233/ 2004, (State of C.G. v. Anil Kumar Saxena and 4 others) pending in the Court of judicial Magistrate, First Class, Kawardha, Distt. Kabirdham (C.G) have prayed for quashment of the proceedings of the aforesaid criminal case for want of territorial jurisdiction. Therefore, a short question involves for consideration as to whether the Court at Kawardha would have jurisdiction to try this case or not ?

(2.) The brief facts, according to the charge sheet, are that the complainant/ respondent no.2 was married to the petitioner no.1 on 21/6/2002. The marriage was solemnized in Kawardha The First Information Report would show that after the marriage, the respondent no.2 want to live with her husband and other family members in Bilaspur and they were jointly residing in Mohalla Yadunandan Nagar, Bilaspur, Distt. Bilaspur (C.G).

(3.) The case of the prosecution, according to the Charge Sheet, is that just after the marriage, the petitioners started demanding a sum of Rs.2 lakhs from respondent no.2. The allegations are that she was constrained to call her parents to manage for Rs.2 lakhs and on the pretext of this, she was subjected to cruelty by the petitioners: Admittedly, petitioner no.1 is the husband, petitioner no.2 is the brother-in-law (Dewar), petitioner no.3 is the father-in-law and petitioners nos. 4 and 5 are sisters-in-law (Nanads) of respondent no.2. When this was informed to the father of the complainant, he came over to Bilaspur on 21/10/2002 and submitted a complaint before Mahila Police Station Bilaspur. The copy of the complaint has been filed as Annexure A-2. The statement of respondent no.2 was recorded on 21/10/2002 in which she made allegations of cruelty and demand of Rs.2,00,000.00 by the petitioners and since she made statement that she wants to go to Kavardha and if she is not allowed to go to Kawardha, she will commit suicide, she was handed over to her father and ultimately, she was taken by the father to Kawardha on 21/6/2002. Since then the complainant is residing with her parents at Kawardha, Distt. Kawardha The copy of the statement dated 21/10/2002 has also been filed as Annexure A-1.