RUPALI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Siddharth Srivastava, learned counsel for the petitioner, learned A.G.A. for the State and Sri Alok Kumar Srivastava, learned counsel for the respondent Nos. 2 to 5.

(2.) THIS writ petition under Article 226 of the Constitution of India has been filed with a prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 28.5.2007 passed by Addl. Sessions Judge, Court No. 16, Deoria in criminal revision No. 22 of 2007 (Durga Prasad Baranwal v. State and others) as well as order dated 27.8.2007 passed by Chief Judicial Magistrate, Court No. 17, Deoria in criminal case No. 2994 of 2006 Sfafe v. Durga Prasad and others under Sections 498-A, 494, 313, 504 IPC and 3/4 Dowry Prohibition Act, P.S. Kotwali, Deoria.

(3.) PER contra, learned counsel for the respondent Nos. 2 to 5 submits that from the perusal of the F.I.R. itself, it appears that the whole story of harassment and mental cruelty etc. on account of demand of dowry is alleged to have taken place at Mau where the family members of the husband of the petitioner reside and no part of cause of action took place at Deoria and, therefore, Chief Judicial Magistrate, Deoria had no jurisdiction to try the case.