ANITA MAJUMDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE applicants have preferred this petition for quashing of the proceedings in Criminal Case No. 453/2002 pending before the Judicial Magistrate First class, Raipur.

(2.) THE facts of the case in brief are that the non-applicant No. 2 is the legally wedded wife of applicant No. 3. Applicants No. 1 and 2 are the parents of applicant No. 3 and the applicant No. 4 is the brother of applicant No. 3. They all are residents of bhanupratappur District Kanker. Non-applicant no. 2 Smt. Ratna Majumdar was married to applicant No. 3 Devashish majumdar and she was residing with him at Bhanupratappur. The charge-sheet and the charges framed against the applicants/ reveal that non-applicant No. 2 Smt. Ratna majumdar was tortured and subjected to cruelty by the applicants. The matter was reported at Manila Thana, Raipur. Crime no. 50/2002 was registered and after investigation the charge-sheet was filed in the court of Judicial Magistrate First Class for an offence punishable under Section 498a/34 of the IPC and after hearing the parties the charges under the said section were framed against the applicants.

(3.) THE applicants have filed this petition under Section 482 of the Code of Criminal procedure (for short the Code) for quashing of the entire proceedings on the ground that the trial Court is not having the territorial jurisdiction to entertain the said case.