ASHOK KUMAR MITTAL Vs. LAKHMI CHAND

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure would require dismissal for the two grounds taken to forestall a criminal trial have no merit. The first is that the trial under Section 494 and 109 of the Indian Penal Code could not be undertaken by the trial Magistrate on the complaint of the father of the first wife. The clear language of section 198 of the Code of Criminal Procedure permits the father of the first wife to file a complaint on her behalf, complaining of offence under section 494 of the Indian Penal Code. I veered round to that view, as is plain from a decision in Resham Singh and another v. Kartar Singh and others, 1984 P.L.R. 573, read in conjunction with the parent report at page 78.

(2.) THE second is that the criminal Court at Bhatinda had no jurisdiction territorially to try the complaint. The place where the first wife permanently resides confers jurisdiction on that Court. In the instant case, the claim is that the first wife resides at Bhatinda, obviously, that Court would have jurisdiction. On either point being not meritorious, the petition fails and is hereby dismissed. The parties, whichever represented, through their counsel are directed to put in appearance before the trial Court on 11th February,1985. Petition dismissed.