S FAISAL NABI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall also govern the disposal of the Miscellaneous Criminal Case No. 3076/2000 (S. Akhlaq Nabi and another v. State of M. P.).

(2.) These two petitions have been filed by the petitioners under Section 482 of the Code of Criminal Procedure against the order dated 23-2-2000 passed by the VIIIth Additional Sessions Judge, Bhopal in Criminal Revision No. 38/2000 arising out of the order dated 4-12-99 passed by the learned Chief Judicial Magistrate, Bhopal in Criminal Case No. 4801/99 framing charge under Section 498-A, IPC against the petitioners in both the petitions.

(3.) The facts giving rise to these petitions are as under: The complainant Smt. Mishail was married to S. Faisal Nabi, the petitioner in the present M. Cr. C. No. 3030/2000. The petitioners in the connected M. Cr. C. No. 3076/2000, S. Akhlaq Nabi and Smt. Qamar Jahan Nabi are parents of S. Faisal Nabi. The marriage ceremony was performed in accordance with the Muslim rites at Bhopal. S. Faisal Nabi is alleged to be highly educated person and has been at abroad several times in connection of his official duties. His father S. Akhlaq Nabi was a high ranking officer in the services of the Government of U. P. while his mother also belongs to a well educated and cultured family. It is, further, alleged that the matrimonial relations could not be lasted for long and ultimately on 14-12-1998 the complainant Smt. Mishail was divorced by S. Faisal Nabi. Thereafter on 21-12-1999 the complainant lodged a written complaint with S.O. Mahila Thana, Bhopal alleging that she has been subjected to cruelty by her husband and her in-laws for demand of dowry and therefore she is forced to live with her parents at Bhopal. The concerned police after completion of the investigation filed a charge-sheet against the petitioners in the Court of C.J.M. Bhopal. The learned C.J.M. framed charges for offence under Section 498-A, IPC against the petitioners by order dated 4-12-1999 passed in Criminal Case No. 4801/99. Being aggrieved with the said order, the petitioners preferred a criminal revision before the Court of Sessions. The petitioners assailed the order of the learned C.J.M. on two counts that the Court at Bhopal has no territorial jurisdiction to try the offence as alleged against them and secondly there is prima facie no material on record for framing charge as above against them. The learned VIIth A.S.J. Bhopal by order dated 23-2-2000 passed in Criminal Revision No. 38/2000 dismissed the revision. Being aggrieved with the impugned order dated 23-2-2000, these two petitions invoking the extraordinary inherent jurisdiction of this Court have been filed by the petitioners.