SIDDHARTH KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have filed this petition under Section 482 of Cr.P.C. assailing the order dated 01.08.2018 passed by 12 th Additional Sessions Judge, Bhopal, District Bhopal in Cr.R. No.14/2018; whereby the Revisional Court confirmed the order dated 10.10.2017 passed in R.C.T. No.9909453/2017 by the Judicial Magistrate First Class, Bhopal, thereby learned Judicial Magistrate First Class framed a charge against the applicants for the offence punishable under Sections 498-A and 506-II of IPC and Section 3/4 of Dowry Prohibition Act.

(2.) The facts giving rise to this petition, in short, are that complainant Smt. Kalpna Mishra is a legally wedded wife of the applicant Siddharth Kumar Mishra and applicant No.2 is her father-in-law. Complainant filed a written complaint before the Station House Officer of Police Station Mahila Thana, Bhopal alleging that her marriage was fixed with Siddharth Kumar Mishra at Bhopal and before marriage applicants were demanding Rs.15,00,000/- (Rupees Fifteen Lakh) as a dowry from her father but he was not in a position to give them Rs.15,00,000/-. Out of that, Rs.5,00,000/-(Rupees Five Lakh) has been deposited in the common account of complainant and Siddharth Mishra. Marriage was solemnized on 10.06.2015, after marriage she went to her matrimonial house, where she was again harassed by the applicants on not fulfilling the demand of dowry. She again went back to her parental house and filed a complaint before the Police Counseling Center, where applicant Siddharth Kumar Mishra was agreed to take his wife with him but as both walked out of the Center, applicant specifically denied and threatened Kalpna Mishra (wife) that if she comes to matrimonial house without remaining dowry, he will kill her.

(3.) Kalpna Mishra lodged a written complaint. On the basis of which Crime No.116/2017 under Sections 498-A and 506-II of IPC and Section 3/4 of Dowry Prohibition Act is registered at Mahila Thana. After investigation charge-sheet has been filed before the Judicial Magistrate First Class, registered as R.C.T. No.9909453/2017 and Judicial Magistrate First Class after hearing both the parties framed a charge under Section 468-A and 506-II of IPC and Section 3/4 of the Dowry Prohibition Act against the applicants. Being aggrieved by that charge, applicant filed a criminal revision before the 12 th Additional Session Judge, Bhopal. Applicant also raised a question of territorial jurisdiction before the revisional Court and contended that the place of incidence is a village Newspata, Police Station Beohari, District Shahdol. The case is wrongly investigated by the Police Station Mahila Thana, Bhopal, where the offence has not been committed and after investigation, filed charge-sheet before the Judicial Magistrate First Class Court, Bhopal. That Court has no jurisdiction to try the case. The applicants prayed to quash the charge and discharge the applicants.