KUNAL KANTI SAHA Vs. ANITA

JUDGEMENT

(1.) This revision petition is directed against the order dated 6th May passed by the Additional Chief Judicial Magistrate, Sealdah (North), 24-Parganas in Case No. M-77 of 1985 (T.R. 126/86) under section 125 of the Code of Criminal Procedure.

(2.) The present petitioner as opposite party of the Case No. M-77 of 1985 challenged the jurisdiction of learned Additional Chief Judicial Magistrate, Sealdah to entertain the application for maintenance on behalf of the opposite party herein on the ground that the opposite party wife at about the time when she filed the application for maintenance, was residing within Dum Dum Police Station, which falls beyond the territorial jurisdiction of the court. It was therefore, prayed that the wife's petition may be returned to her for submitting it to proper court of competent jurisdiction.

(3.) On behalf of the opposite party, it was contended that the expression 'in the district' under section 126 of the Code of Criminal Procedure connotes any court of Judicial Magistrate of First Class in the district and in that sense the court of the learned Additional Chief Judicial Magistrate, Sealdah had the territorial jurisdiction to entertain the application under section 125, Cr. P. C. and the contention of this husband was therefore, untenable. The learned Magistrate accepted the contention of the opposite party wife that the wife being a resident of Dum Dum Police Station within the district of 24-Parganas on the date of filing of the application, the application filed before him was a proper application presented before the court competent to exercise its territorial jurisdiction. In the circumstances, he rejected the application of the present petitioner that the learned Magistrate did not have the territorial jurisdiction to entertain the application.