GIRDHARLAL TENUMAL MOTWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Girdharlal Tenumal Motwani has filed the present petition seeking to quash the Cri. Case No. 1693/95 filed by the respondent in the court of the learned JMFC, Vadodara.

(2.) The respondent No. 2 has filed this Cri. Case No. 1693/95 alleging therein that the heirs and relatives named in the complaint were treated with cruelty and there were also dowry demands and misappropriation of her Streedhana property. After recording the statement of the complainant who has filed the present complaint, the learned JMFC has passed an order to issue process against the present petitioner and other accused. The order reads as under:

(3.) It seems that the learned Magistrate has passed an order to issue process without application of this mind. He has not read the averments made by the complainant in her complaint. As per her averments made by the complainant in her complaint at Ahmedabad where the accused are residing while she was residing in her matrimonial house. As per her accusation also the property alleged to have been misappropriated was at Ahmedabad and that misappropriation has also taken place at Ahmedabad as per her complaint. Thus the averment made in her complaint clearly discloses and show that all the alleged offences had taken place at Ahmedabad. Therefore, in the circumstances the learned Magistrate had no jurisdiction to entertain the said complaint and to issue process. After reading the complaint he ought to have returned the complaint back to the complainant under Section 201 of Cr. P. C. for presentation to the proper court. As the order in question has been passed by him without having jurisdiction for taking cognizance of the offence alleged in the complaint. Said order of issue of process passed by the learned JMFC, Vadodara in Cri. Case No. 1693/95 is without jurisdiction, illegal and invalid. However I direct the learned Magistrate to issue notice to the complainant and to return the complaint to the complainant for presentation to the proper court as per the provisions of Section 201 Cr. P. C. The matter is disposed of accordingly. Rule made absolute. Rule made absolute.