KIRTI PRAKASH SAXENA Vs. STATE OF M P

JUDGEMENT

(1.) This Petition under Section 482 of the Code of Criminal Procedure (hereinafter for short the "Code") is preferred against an Order dated 2-8-2008 passed by the Second Additional Sessions Judge, Guna, in Criminal Revision No. 401/07, which arose out of an Order dated 4-10-2007 passed by the Judicial Magistrate First Class, Guna, in Criminal Case No. 363/2006, wherein the Courts below, while examining the provisions of Sections 177 and 178 of the Code, have found that in spite of accrual of Cause of Action at Bhopal, the Criminal Court at Guna has the jurisdiction to take cognizance of the offences, punishable under Sections 4 and 6 of the Dowry Prohibition Act, 1961 (hereinafter for short the "Act").

(2.) The facts of the case demonstrate that the complainant Smt. Archana Saxena got married with present Petitioner Kirti Prakash Saxena at Bhopal on 18-3-2003 and she resided at Bhopal uptill Date 12-11-2004 and on account of continuing cruelty by her inlaws, Smt. Archana Saxena left the matrimonial home, on her own and reached the house of her parents at Guna. v

(3.) Suit. Archana Saxena has submitted a complaint before the Judicial Magistrate First Class, Guna, praying for taking cognizance of the complaint, in terms of Sections 4 and 6 of the Act by describing that her marriage was solemnized at Bhopal and the entire dowry items were handed over to the husband at Bhopal, but since she is presently residing at Guna, after leaving the matrimonial home, therefore, the Criminal Court at Guna has the jurisdiction to take cognizance of her complaint. The learned Magistrate took the cognizance of the matter and issued process to the Husband, who submitted an application under Section 177 of the Code and raised a Preliminary Objection about the Territorial Jurisdiction that since none of the cause of action have accrued to the complainant at Guna, therefore, the Criminal Court situated at Guna would have no jurisdiction either to issue process to the husband or to try the offence.