AMNA Vs. TASLEEMA

JUDGEMENT

(1.) This revision by two of the accused in criminal case No. 336 of 1994 u/ss 498-A and 323/504/506 I.P.C. is directed against the order dated 2 1.4.1994 passed by A.C.J.M. Kashipur district Nainital summoning the revisionist along with two other co-accused.

(2.) It has been argued that the cause of action for filing the complaint against the two revisionists is alleged to have arisen within the jurisdiction of Amroha district Moradabad and, therefore, the A.C.J.M. at Kashipur had no territorial jurisdiction to try the complaint against the two revisionists. In para 6 of the complaint it is alleged that Smt. Amna, Smt. Mehtab and Sadid prescribed the complainant to bring Rs. 10,000/in dowry and when she expressed her inability to do so attempt was made to sprinkle Kerosine oil upon her and set her to fire. At that time she promised to bring Rs. 10,000/- from her parents in order to save her life. She was then turned out of the house and then she returned to her parents house and told there the entire story. Her family members went to Amroha to get the matter settled. From the complaint it also appears that the revisionists arc the residents of Mohalla Chakli P.S. Amroha district Moradabad. It has been argued that from the allegations made in the complaint it is clear that this part of cause of action arose at Amorha and, therefore, A.C.J.M. Kashipur had not jurisdiction to entertain the complaint. It has however not been disputed at this stage that upon the allegations made in the complaint the case against the two co-accused was congnizable by A.C.J.M. Kashipur, Nainital.

(3.) After hearing the learned counsel for the revisionist and perusing the material available on the record I am of the opinion that the revisionist should move an application before the trial court bringing to its notice that the once against the present revisionist is not cognizable by that court and making suitable payer. It was urged that in this case the revisionists would have to travel from Amroha to Kashipur causing them harassment and humiliation.