BIKASH JAISWAL Vs. POOJA JAISWAL

JUDGEMENT

(1.) Heard Mr. K.R. Pamei, learned counsel appears for the appellant and Mrs. I. Lenibala, learned counsel appears for the respondents.

(2.) This petition has been filed by the petitioner under Section 482 of Cr.P.C. seeking to quash the impugned order dated 22.06.2017 passed by the learned Sessions Judge, Imphal East in Criminal Appeal Case No.16 of 2016 to the extent that the parties are to be reheard before the learned Chief Judicial Magistrate, Imphal East on the preliminary issue.

(3.) The first respondent-wife lodged a private complaint before the learned Chief Judicial Magistrate, Imphal East against the petitioner- husband and respondent Nos.2 to 5- in laws. The said complaint has been taken on file as Criminal (C) Case No.68 of 2015. After entering appearance, the petitioner and the respondent Nos.2 to 5 have raised an objection regarding maintainability of the case stating that the learned Chief Judicial Magistrate, Imphal East has no jurisdiction to entertain the complaint, as the complainant has not resided at the given address at any point of time.