ASISH MANDAL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition, the petitioners have challenged the charge framed against them by the Additional Sessions Judge, West Tripura, Agartala under Section 498(A) IPC mainly on the ground that the trial Court had no jurisdiction to hold trial in the matter.

(2.) THE undisputed facts are that Smti. Pinki Mandal (deceased) was married to Debasish Mandal. The present petitioners Smt. Purnima Mandal and Asish Mandal are the mother and brother of Debasish Mandal. The prosecution story is that the marriage between Debasish and Pinki took place on 18th January, 2009 and thereafter Pinki Mandal resided with the present petitioners in district -Murshidabad, West Bengal. The case of the prosecution is that sometime in January/February, 2012 Debasish Mandal who was employed in the CRPF got government accommodation near Agartala and thereafter Pinki Mandal joined him and started living in Agartala. Pinki Mandal committed suicide on 17th August, 2012. As far as the husband Debasish Mandal is concerned the allegation against him is that even at Agartala he tortured his wife and committed acts of cruelty within the meaning of Section 498A IPC at Agartala and ultimately fed up with the torture Pinki Mandal committed suicide on 17th August, 2012. The charge framed by the learned Additional Sessions Judge against Debasish Mandal reads as follows:

(3.) UNDER Section 177 of the Code of Criminal Procedure the ordinary place of any trial shall be the place where the offence has been committed. Sections 178 and 179 Cr.P.C. read as follows: