SHAKUNTALA SHARA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and prayed that the order dated 18.2.2006 passed by Additional Chief Judicial Magistrate, Bhopal in Criminal Case No. 1234/05 in respect of framing of charge under Section 498-A of I.P.C. and the charge-sheet filed against the petitioners may be quashed and the petitioners may be discharged.

(2.) The facts for the disposal of this petition are shortly set out below. The petitioner No.5 Sanjay Sharma is husband of Smt. Tanu Sharma who is complainant of the case. Their marriage was solemnised on 20th April, 2003 and as per allegations, the dowry was given at the time of marriage. The petitioners were not satisfied with the dowry and they started harassing the complainant to fulfil their demand of a car. The complainant informed her brother on telephone through her neighbour about the harassment being caused by her husband. On 22.12.2003. the brother of the complainant informed the Helpline Service of Police Department on telephone about the harassment being caused to his sister. Thereafter, two lady constables were sent to the residence of petitioner No.5. where the complainant requested the lady constables to take her to police station and thereafter, she went to police station with those lady constables where, the matter was heard. The complainant submitted an application annexure P/4 before the in-charge, police station and it was informed by the complainant that she will take further action from Chhattarpur and she is going to home with her brother-in-law. Thereafter, on 23.12.03 the brother of the complainant submitted a letter to Mahila police station, Jahangirabau, Bhopal annexure P/5 informing that he is taking his sister to Chhattarpur from where he will proceed with the legal action. Then the complainant went to Chhattarpur, where she lodged a written report on 6.3.04 at police station. Civil Lines. Chhattarpur, where the crime was registered. The investigation was conducted by the Investigating Officer and after completion of investigation, the charge-sheet was filed in the concerned Court at Chhattarpur.

(3.) The matter came up before the High Court and it was held that the Court at Chhattarpur has no jurisdiction to entertain the charge-sheet and thereafter, it appears that the charge-sheet was taken back and it was filed before the competent Court at Bhopal.