GIRDHARI LAL Vs. SITA RAM

JUDGEMENT

(1.) V. P. Mathur, J. During the pendency of this revision opposite party No. 4 Kundan Lal has died and that fact has been noted against his name. All the other opposite parties have been served but they have not put in appearance.

(2.) TWO points have been raised in this revision. The case started under Sections 494/109, I. P. C. The first point that has been agitated is that cogni zance has been taken by the Additional Munsif-Magistrate, Agra where the Criminal Case No. 730 of 1980 was registered and is proceeding while the second marriage allegedly took place in Mathura, therefore, the courts at Agra had no jurisdiction to entertain this petition. Amendment in Section 182 of the Criminal Procedure Code was made in the year 1978 by Criminal Procedure Code (Amendment) Act, 1978 (Section 15) in view of which the offences punishable under Sections 494 and 495, I. P. C. may be inquired into or tried by a court within whose local jurisdiction the offence has been committed or the offender last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent residence after the commission of the offence. In the complaint there is an indication of the fact that the wife who is daughter of Sita Ram complainant is living with her father in village Barara, police station Malpura, district Agra. This fact appears to be in the arguments filed on behalf of the opposite parties of which paragraph 2 is quoted below : "the complaint has been filed by Sita Ram, father of Smt. Shakuntla residing with him in village Barara, district Agra. "

(3.) THE revision has thus no force and is hereby dismissed. THE lower court's record which has been summoned' and which is before me shall be returned back forthwith along with a copy of this order to the court at Agra so that the proceedings which are lying stalled may start atonce. THE learned Magistrate shall try his best to complete them at the earliest. Revision dismissed. .