AMRIT KAUR Vs. INDRAJIT KAUR

JUDGEMENT

(1.) This is an application for quashing the order of the Chief Judicial Magistrate, Gopalganj dated 14-7-1983, by which he took cognizance of the offences u/Ss.494, 420, 409 read with S. 114 of the Indian Penal Code. After taking cognizance, the learned Magistrate issued process against all the fourteen accused mentioned in the complaint. The petitioner's name figures at serial No.14 of the complaint.

(2.) In the complaint filed by the opposite party it was alleged by her that she was the lawfully wedded wife of Sardar Satnam Singh and during the subsistence of the marriage Sardar Satnam Singh married the petitioner. Sardar Satnam Singh and the petitioner thus committed offences u/S. 494 and other Sections of the Indian Penal Code as alleged. The Chief Judicial Magistrate, having taken cognizance the present petitioner has moved this court for quashing the cognizance.

(3.) The only ground advanced in this application for quashing the order is that the learned Magistrate at Gopalganj had no jurisdiction to take cognizance of offence which had been committed at Pratapgarh in the State of Uttar Pradesh. The averment of the petitioner is that she was residing at Pratapgarh and, therefore, the learned Magistrate had no jurisdiction to take cognizance and to issue processes, against the petitioner.