ROSHAN LAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr.M.K.Srivastava, learned counsel for the petitioners and Mr.Mohd.Tabrez Iqbal, learned counsel for the opposite party No. 3 as well as Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate for the opposite parties 1 and 2. Counter-affidavit as well supplementary counter-affidavit filed by the State is taken on record.

(2.) THE petitioners have challenged the proceedings of case No. 949 of 2010, pending before the Court of Special Chief Judicial Magistrate, Customs, Lucknow for trial of offences committed under Sections 498-A, 506 of the Indian Penal Code and 3/4 Dowry Prohibition Act, Police Station Ghazipur, district Lucknow, arising out of case crime No. 1070 of 2009.

(3.) UPON perusal of the contents of the First Information Report I find that the complainant has stated that the petitioners have abused and tortured her at several times at Lucknow and also threatened to divorce her. In continuation of it, he has also filed a suit for divorce at Varanasi, which has been stayed by this Court When she received information about the second marriage of her husband with another lady, namely, Renu Yadav, daughter of Shri Sudama Yadav, resident of district Ghazipur, she being at Lucknow asked about it from her husband through mobile phone, who accepted it very anxiously and again by threatening that whatever she wants to do, she may do. Thus, from the facts of the case part of offence committed at Lucknow, cannot be denied. It also establishes that the offence continued at several times at several places including Lucknow. Thus, this case very much attracts the provisions of Section 178 (c) of the Code of Criminal Procedure, therefore, the cases cited by the petitioners in their favour do not come in the way of learned Magistrate to proceed with the case at Lucknow.