OM PRAKASH Vs. STATE

JUDGEMENT

(1.) This is a petition for revision by Om Prakash

(2.) Om Prakash resides within the jurisdiction of the Sub-Divisional Magistrate, Pilibhit. Srimati Ram Dulari, alleging herself to be the wife of Om Prakash, filed a case Under Section 488 Criminal Procedure Code. Sri R.S. Agarwal, Sub-divisional Magistrate, Bisalpur ordered notice to be issued to Om Prakash. On receipt of this notice Om Prakash raised an objection to the effect that the Sub-Divisional Magistrate, Bisalpur had no jurisdiction to take proceedings against him under Section 488 Cri. P. C., as Om Prakash was not residing within his jurisdiction. The objection was disallowed by the Magistrate.

(3.) Against the order of the magistrate, Om Prakash filed a revision before the Sessions judge of Pilibhit. The learned Sessions Judge held that proceedings under Section 488 Cri. P. C. can be taken against any person in any district where he resides or last resided with his wife. He accordingly rejected the revision,