ANUP SINGH Vs. STATE THROUGH MAN CHAND

JUDGEMENT

(1.) On September 7, 1948, Man Chand filed a complaint', under Section 498 of the Indian Penal Code, against Nanak Chand and others alleging that they had taken or enticed away his wife. The complaint was filed in the court of the Sub-Divisional Magistrate of Muzaffarnagar, as the offence had been committed within its jurisdiction. The woman was arrested in village Dabchara, in the district of Saharanpur, on the 24th September 1948. She was placed in charge of Anup Singh, who is the applicant in this revision. The applicant had executed a bond in which he had undertaken to produce the woman whenever called upon to do so in the court of the Sub-Divisional Magistrate of Muzaffarnagar. He, however, failed to produce the woman in court.

(2.) When the applicant did not produce the woman in court, the complaint, which has given rise to this revision, was filed against him on December 3, 1948, in the court of the Sub-Divisional Magistrate of Muzaffarnagar. In this complaint, the applicant was charged with offences' punishable under Sections 201 and 368 of the Indian Penal Code. It was alleged an the complaint that the police in (sic) on With the persons who had enticed away the woman, entrusted her to the applicant. who had concealed and detained her knowing that she had been enticed away. During the hearing of the complaint, an objection to the jurisdiction of the court was raised on behalf of the applicant, who pointed out that the complaint should have been filed in a competent court at Saharanpur; but the courts below overruled the objection.

(3.) In this revision, it has been contended on behalf of the applicant that the offences complained of having been committed in the district of Saharanpur, the complaint, dated the 3rd December 1948, should have been filed in a competent court at Saharanpur. I see no force in this contention.