USHABAI Vs. DHANANJAYA

JUDGEMENT

(1.) REVISION No. 105 of 1992 and Misc. Criminal Case No. 975 of 1992, as they arise out of the same judgment and order of the Trial Court against which two separate revisions were filed by both parties before A. S. J. , Ujjain.

(2.) UNDISPUTED facts of the case are that the petitioner was married to the respondent No. 1. Respondent No. 2 is the mother-in-Jaw of the petitioner. Respondent No. 3 is the elder brother and respondent No. 3 is the younger brother of the husband of the petitioner. The petitioner filed a complaint in the Court of the Chief Judicial Magistrate, Ujjain with the allegations that the petitioner and respondent No. 1 were married at Badnagar on 3-5-1984, At the time of marriage properties were given as Stridhan. Thereafter the respondents began to treat her with cruelty and demanded Rs. 25,000/. She was thrown out of the husband's house. She, therefore, went to her parental house. Thereafter her brother and father went to the house of the respondents and demanded the stridhan property, but they refused to return the same. As such they committed criminal breach of trust punishable under Sections 405 and 406 IPC.

(3.) AFTER making preliminary enquiry the Magistrate took cognizance and summoned the accused persons on 14-5-87 itself. After making the appearance in the Court the accused-respondents raised an objection that the Court at Ujjain has no jurisdiction as the alleged misappropriation or breach of trust has been committed at Bhopal and, therefore, the Court at Bhopal has the jurisdiction.