NIRMALA ALIAS SAROJ Vs. CHANCHAL KUMARI

JUDGEMENT

(1.) THIS petition under section 482 of the Cr.P.C. relates to quashment of the complaint under section 494 read with section 109 of the IPC as well as quashment of summoning order passed by the Judicial Magistrate First Class, Jalandhar dated 27-1-1988 and subsequent order of the said Court dated 12-7-1988, whereby warrants of arrest were ordered to be issued for securing the presence of the accused, including the present petitioners.

(2.) PERUSAL of para-4 of the complaint Annexure P-1 filed by Chanchal Kumari reveals that Manohar Lal accused has performed a regular second marriage with Vinod Kumari who was the legally wedded wife of Suresh Kumar. The marriage of Chanchal Kumari with Manohar Lal accused, took place in the year 1965 at Jalandhar according to Hindu rites. Out of the said marriage, five children, i.e. four sons and one daughter were born and all the said children are studying in schools. It was further pleaded that relations between her and Manohar Lal (accused No. 1) remained cordial upto the year 1981. In the year 1982, her husband Manohar Lal accused developed illicit relations with Vinod Kumari, accused No. 2. Manohar Lal started maltreating her and also acted with cruelty. Ramanand Shastri and kshok Kumar were present at the time of the performance of the second marriage of Manohar Lal with Vinod Kumari, co-accused at Ludhiana. The marriage took place according to Hindu rites by performing "four lawan" before the sacred fire.

(3.) THE aforesaid authority related to provisions of section 531 of the old. Cr.P.C. Under section 462 of the new Code, the finding, sentence or order of any Court should not be set aside merely on the ground that enquiry or trial took place in wrong Sessions Division, District, sub-division of the other local area. In the instant case, it appears that such efforts has not in fact, occasioned any failure of justice. So far only preliminary evidence has been recorded and the accused has been summoned to stand in the trial Court. 'As such the institution of the complaint in the Court of the Judicial Magistrate at Jalandhar or subsequent proceedings taken by him cannot be set aside. However, an objection concerning jurisdiction has been raised at the very outset and it would be desirable in the interest of justice that the case is transferred to the Court of Chief Judicial Magistrate, Ludhiana for trial.