SANDEEP GUPTA Vs. ANURADHA PATEL ALIAS ANURADHA GUPTA

JUDGEMENT

(1.) The appellant has filed this appeal under Section 341 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 18/01/2018 passed in private complaint case filed under Section 340 of Cr.P.C. before the 2 nd Additional District Judge, Itarsi, Distt. Hoshangabad and prays to take cognizance against the respondent who cited wrong facts in the affidavit before the Court of 2nd Additional District Judge, Itarsi, Distt. Hoshangabad in Case No.88-A/2015.

(2.) The facts giving rise to this petition, in short, are that appellant-Sandeep Gupta married with respondent -Anuradha Patel alias Anuradha Gupta. After marriage their relations became strained. The appellant filed a petition under Section 13 of the Hindu Marriage Act before the Court of Additional District Judge, Itarsi which was pending in the Court of 2 nd Additional District Judge, Itarsi, Distt. Hoshangabad being case No.88-A/2015. Later on by virtue of the order dated 06/12/2017 passed in M.C.C. No.1351/2017 by this Court, Case No.88-A/2015 has been transferred from the Court of 2nd Additional District Judge, Itarsi, Distt. Hoshangabad to the Court of Principal Judge, Family Court, Bhopal. Learned 2 nd Additional District Judge, Itarsi, on receiving the order passed by this Court, vide order dated 18/01/2018 ordered to send the whole record to the Court of Principal Judge, Family Court, Bhopal.

(3.) As alleged in this appeal, the respondent who was residing with her parents in District, Shajapur lodged a report against the appellant under Section 498-A , 504 , 506 of IPC in Police Station, Shajapur and also filed a private complaint under Sections 420 , 467 , 468 of IPC before the Court of CJM, Shajapur. As alleged by the appellant that when Case No.88-A/2015 was filed, the respondent filed a reply of the petition filed under Section 13 of the Hindu Marriage Act and affidavit, denied the FIR lodged under Sections 498-A , 504 , 506 of IPC before the Police Station, Shajapur and also denied for filing of private complaint case under Section 420 , 467 and 468 of IPC before the Court of C.J.M., Shajapur. The appellant filed a private complaint under Section 340 of Cr.P.C. before the 2nd Additional District Judge, Itarsi on 15/09/2017 alleging therein that the respondent pleaded wrong facts in reply and affidavit with regard to lodging of FIR, filing of private complaint case and prays to register a case of forgery after conducting preliminary enquiry and also prays to send the case for trial before the appropriate Court of JMFC having jurisdiction for trial. Learned 2 nd Additional District Judge, Itarsi vide order dated 18/01/2018 has dismissed the complaint filed by the appellant without contemplating any preliminary enquiry by holding that the Court is not having jurisdiction to contemplate any enquiry and also to take cognizance on the basis of the complaint filed by the appellant under Section 340 of Cr.P.C.