SANDEEP NAHTA Vs. DEEPA @ JAYA NAHTA

JUDGEMENT

(1.) This petition under Section 482 of CrPC has been filed against the order dated 25/11/2016, passed by Additional Chief Judicial Magistrate, Gwalior in Criminal Case No.7490/2016 as well as all other consequential proceedings pending against the applicant for offence under Section 494 of IPC.

(2.) The necessary facts for the disposal of the present petition in short are that the respondent has filed a complaint against the applicant, alleging that she is a legally wedded wife of the applicant and during the subsistence of the first marriage, the applicant has contracted a second marriage and thus, he has committed an offence of bigamy. A solitary ground has been raised by the counsel for the applicant that since the entire offence is alleged to have taken place at Ujjain, therefore, the trial Court at Gwalior has no jurisdiction to entertain the complaint. To buttress his contention, the counsel for the applicant has relied upon Sections 177 and 178 of CrPC.

(3.) Per contra, the submissions made by counsel for the applicant are opposed by the counsel for the respondent.