DILSHAD BEE W/O IQUBAL Vs. KASAM

JUDGEMENT

(1.) The applicant has preferred this revision petition under Section 397 of the Cr.P.C. feeling aggrieved by the impugned judgment dated 14.09.06 passed by V ASJ, Ujjain in Criminal Appeal No.163/06, whereby set aside the impugned judgment of conviction dated 27.03.07 passed by JMFC, Ujjain in Criminal Case No.650/2, wherein the non applicants no. 1 to3 had been found guilty under Section 498-A of the IPC and sentenced to six months R.I. with a fine of Rs.1,000/- on each of the non applicants no. 1 to 3 and also further held that the original criminal case had to be tried in the jurisdiction of Bundi district Rajasthan wherein the alleged crime of cruelty has been committed by the non applicants to the complainant, therefore, ordered for return of the charge sheet to the police concerned for its registration by police Bundi (Rajasthan) and thereafter presetentation in the proper Court.

(2.) Briefly stated facts of the case are that complainant Dilshad Bee is the legally wedded wife of the non applicant no.2 Iqubal. After their marriage, they lived at village Nenwas district Bundi (Rajasthan). It is alleged that the complainant Dilshad Bee had been treated with cruelty by the non applicants no. 1,2 and 3 and also harassed with regard to the demand of dowry. On the basis of these allegations the present applicant had lodge First Information Report at Mahila Police Station, Ujjain. On the basis of the report the concerning police had registered a case under Section 498 A and 406 of the IPC against the non applicants no. 1 to 3 and after investigation filed the charge sheet before the JMFC, Ujjain. The learned JMFC, after due appreciation of the entire evidence on record, by the impugned judgment dated 27.03.2000 found the non applicants no. 1 to 3 guilty under Section 498-A and sentence them to six months R.I. with a fine of Rs.1,000/-, in default of payment of fine further ordered to suffer imprisonment for four months. Feeling aggrieved by which the non applicants no. 1 to 3 have preferred Criminal Appeal No.163/06 which has been decided by ASJ, Ujjain by judgment dated 14.09.06. The learned appellate Court set aside the impugned judgment of conviction passed by the trial Court and held that as the cruelty to the complainant has been done at village Nenwa district Bundi, Rajasthan, therefore, on the basis of the decision of the Apex Court, in the case of Gurmeet Singh Vs. State of M.P. 2006(II) MPWN 21, held that the jurisdiction for trial of the aforesaid case is only in the Court situated at district Bundi district Rajasthan and the Court at Ujjain is not having jurisdiction to try the aforesaid case. Therefore, ordered for return of the charge sheet for its presentation to the appropriate Court at Bundi district Rajasthan. Feeling aggrieved by the aforesaid judgment of the appellate Court, the complainant has preferred this revision.

(3.) Having heard the learned counsel for the parties and perused the record.