BIMLESH KUMAR SARAF Vs. CHETNA SARAF

JUDGEMENT

(1.) THIS revision application has been filed by the petitioners who were described as accused in Complaint case No. 503/95 filed by the opposite party No. 1 Smt. Chetna Saraf pending before the Chief Judicial Magistrate, Dhanbad.

(2.) FOR proper appreciation of this application, it can be said that the aforesaid complaint was filed by the complainant, Chetna who is admittedly the married wife of petitioner No. 1 Bimlesh Kumar Saraf and other petitioners are father, brother and the wife of the brother of the husband-accused. Allegations were levelled by the married wife as against her husband and in- laws that at the time of marriage demand was made by way of dowry a Maruti car and Rs. 1 lakh in cash besides some ornaments to which the father of the complainant could not comply. However, on persuasion of others, marriage was solemnised. After the marriage when the complainant was in her matrimonial house at Muzaffarpur, she was occasionally tortured and even assaulted and she was not even provided with proper food and she was neglected awfully even at the time of giving birth to a male child. In-laws including the husband used to torture and subjected her to harassment, so that she can persuade her brother and other family members to meet the demand of the dowry. It has also been alleged that harassment was up to a great extent and had reached a peak and at one stage the complainant decided to end her life; but as she was pregnant she had not committed the suicide and ultimately on 17.7.90 she was driven out of the matrimonial house and she was compelled to come to Katras to live in the house of her brother. The allegation is also that the husband filed a divorce suit which was dismissed as ex parte and efforts were made to patch up the matter which failed. Then the complainant was forced to file this complaint case under Section 498-A and also under Section 406 IPC at Dhanbad Court because the complainant was residing within the jurisdiction of the Dhanbad Court. The learned CJM after examining the complainant on solemn affirmation by order dated 6.9.95 dismissed the complaint case by a very cryptic order that the entire allegation of harassment and torture was within the territorial jurisdiction of Muazaffarpur and so the Dhanbad court has no jurisdiction and further the complained offence under Section 498-A is barred by limitation because the complaint was filed after three years of the alleged occurrence.

(3.) ADMITTEDLY the petitioners are husband and in-laws of the complaint-wife and after the marriage the complainant was living in Muzaffarpur and at that very place the complainant alleged that she was subjected to cruelty, harassment and even she was driven out of the matrimonial house, so that she will persuade her brother and her brother will be compelled to fulfil the dowry demand of Maruti car and cash amount as mentioned above.