AZAD HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by Azad Husain, the husband of Smt. Sanjeeda, respondent No. 2 and petitioners Nos. 2 & 3 against whom process has been issued under Section 204 of the Code of Criminal Procedure, 1973, (for short the Code), for an offence under Section 498A, I.P.C. vide order dated 5.10.1989 passed by the 1st Additional Munsif Magistrate, Saharanpur in Case No. 678 of 1989 (Sanjeeda Yasmin v. Azad Husain). Thereafter revision was filed by petitioners and the same was dismissed on 22.1.1992 by the IVth Additional District Judge, Saharanpur.

(2.) A complaint (Annexure- I to the petition) was filed by respondent No. 2, the wife against the petitioners with the allegations that the petitioners have committed an offence under Sections 498- A/504/506/323, I.P.C. read with sections 4/5 of the Dowry Prohibition Act, 1961. On that complaint statements were recorded in view of the provisions of Sections 200 and 202 of the Code. After recording a finding that there was sufficient ground for proceeding, he issued process by the impugned order directing the accused applicants to appear in court on a particular date.

(3.) Learned counsel for the petitioners urged that the Magistrate erred in issuing process under Section 204(1) of the Code as the case was not triable at Saharanpur, rather it was triable at Muzoffarnagar, where the marriage was solemnized. Reliance was placed on Vijai Ratan Sharma v. State of U.P..