T N VENKATARAMAN Vs. PUSHKALAMMAL

JUDGEMENT

(1.) This petition raises a question relating to jurisdiction of the First Additional First Class Magistrate of Trichinopoly to try an offence under Section 4 of Madras Act, VI [6] of 1949 said to have been committed at Trivandrum. The complainant is the first wife of accused 1, accused 4 being his second wife while accused 2 and 3 are his paternal uncle and aunt respectively. The first wife filed a complaint in the Court of the First Additional First Class Magistrate alleging that accused 1 married her on 25th May 1942, that ha subsequently abandoned her and married accused 4 who belongs to Travancore State at Trivandrum on 30th June 1949 and thereby committed an offence under Section. 4 of the said Act and that accused 2 and 3 abetted accused l and 4 in the commission of the said offence.

(2.) The petitioners herein raised an objection before the trial Magistrate that he had no jurisdiction to try the case as the offence of bigamy is alleged to have been committed at Trivandrum. This objection was overruled by the trial Magistrate on the ground that the case falls within the exception to the general rule that every offence shall ordinarily be enquired into and tried by the Court within the local limits of whose jurisdiction it was committed. Section 4 of Act VI [6] of 1949 reads thus:

(3.) The relevant provisions of the Code which deal with the jurisdiction of Courts to try offences are contained in chap. XV of the Code. Section 177 of the Code provides that "every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed." The only other section relevant for the purpose of this case is Section 188 which is in the following words: