REKHABAI Vs. DATTATRAYA

JUDGEMENT

(1.) This application under S.482 of Cr.P.C. is filed by the applicant Rekhabai who is legally wedded wife of non-applicant 1 Dattatraya Shamraoji Manglekar challenging the order dt.4-9-1985 passed by the Judicial Magistrate. First Class, Arvi holding that the Court at Arvi has jurisdiction to try the complaint.

(2.) The petitioner is prosecuted for an offence punishable under S.500 of the I.P.C. In the complaint filed by the non-applicant husband, it was alleged that his marriage with the applicant Rekhabai was solemnised at Amravati on 7-6-1983 and both of them resided at Arvi as husband and wife till 28-10-1984. The case of the non-applicant was that during the applicant's stay at Arvi, she wrote a letter to her mother at Amravati and made allegations to the effect that the non-applicant Dattatraya suffered from venereal disease and thereby rendered himself weak with the result that he could not satisfy the applicant and needed medical examination by the Doctor. According to the non-applicant, the aforesaid letter was posted at Arvi and was received by the mother of the applicant at Amravati. It was further alleged in the complaint that when he went to Amravati, the mother of the applicant handed over the said letter to him making enquiry as to whether the allegations made therein are true. The contents of the letter, according to the non-applicant Dattatraya were defamatory and the applicant was liable to be punished for an offence under S.500 of the I.P.C.

(3.) The learned Magistrate was pleased to issue process to the applicant under S.500 of the I.P.C. vide order dt.26-3-1985. The applicant Rekhabai appeared before the Judicial Magistrate, First Class, Arvi and by her application (Ex.10/D) prayed for dismissal of the complaint on the ground that the Court at Arvi was not competent to try the dispute. It was her submission that the publication of the alleged defamatory letter has taken place at Amravati and hence the Court of Judicial Magistrate, First Class Arvi did not have jurisdiction to entertain the complaint. The learned Magistrate after hearing the parties, held by order dt.4-9-1985 that the Court at Arvi did have jurisdiction to try the complaint. Not satisfied with the order passed, the applicant has directly approached this Court under inherent powers for setting aside the order passed by the Judicial Magistrate, First Class, Arvi, and for dismissal of the complaint.