ANJU Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed a complaint against the private respondents of various allegations, which arose on account of matrimonial dispute and differences. On the basis of the complaint so made, FIR No. 245 dated 29.12.2005 is registered at Police Station Sadar, Sonipat. The police after investigation submitted report under Section 173 Criminal Procedure Code against respondents No. 2 to 5. Additional Chief Judicial Magistrate, Sonipat framed the charges against respondents No. 2 to 5 on the basis of allegations as are contained in Annexure P-1.

(2.) The first charge alleged against the respondents is that they subjected the petitioner to cruelty by coercing her to meet unlawful demand of more dowry i.e. one AC and sum of Rs. 5 lakhs in cash, thus, committing the offence under Section 498-A IPC. The second charge preferred against the respondents is that they were entrusted with certain property and articles mentioned in the complaint of which they committed criminal breach of trust and thereby committed offence under Section 406 IPC.. Respondents No. 2 to 5 filed revision before the Court of Sessions against the order framing the charges.

(3.) One of the plea raised relating to the jurisdiction of the Court at Sonipat to deal with the complaint besides pleading that allegations made against them were vague hence no charge would be framed. The revisional Court, thereafter, set aside the order framing the charge by detailed order on 21.11.2009. The Sessions Court not only found that no offence is made out but also viewed that the Court at Sonipat would lack territorial jurisdiction to try the offences alleged. The petitioner, accordingly, has filed the present petition under Section 482 Criminal Procedure Code for setting aside the order passed by the Sessions Court.