SUKHASWAROOPLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under S.482 of the Cr.P.C., 1973 (for short 'the Code') for an order for return of the complaint from the Court of the Judicial Magistrate First Class Jawad, District Mandsaur (M.P.) for presentation to proper Court.

(2.) The circumstances giving rise to the petition are these : The non-applicant 2 Mst. Lilabai, on 30-9-78, filed a complaint against the present petitioner and the non-applicants 3 to 8 in the Court of Judicial Magistrate First Class Jawad alleging that she is the legally wedded wife of the non-applicant No. 3 Ashok, the marriage having taken place in 1974. The non-applicant 3 has married the non-applicant No. 4 Kamlabai and the petitioner and the other non-applicants have aided him in the said crime of bigamy punishable under S.494 of the I.P.C. The complainant was examined on the aforesaid date and after completion of inquiry under S.202 of the Code, on 30-11-78, issued of process was ultimately ordered on 20-2-1979.

(3.) On being served with the process, the petitioner challenged the jurisdiction of the trial Court which negatived it by its order dt. 12-6-1982 and in revision that order has been confirmed and hence this petition.