AVTAR SINGH & ORS. Vs. CHABEEL KOUR

JUDGEMENT

(1.) Subject matter of the petition in hand is the order of Judicial Magistrate 1st Class (2nd Additional Munsiff) Jammu, whereby the cognizance has been drawn and process issued against the petitioners for commission of offences punishable under Sections 494, 109 of RPC read with the order dated 13.09.2011 passed by Sessions Judge, Baramulla, whereby revision petition filed by petitioners was dismissed.

(2.) It appears that a complaint filed before the Chief Judicial Magistrate, Jammu, was transferred to the court of Judicial Magistrate, 1st Class (2nd Additional Munsiff) Jammu. Thereafter, the complaint was transferred to the court of Judicial Magistrate 1st Class (Sub Judge) Special Mobile Magistrate Passenger Tax & Shop Act, JMIC, Jammu. During the pendency of the complaint a motion was laid before this court and complaint was withdrawn from the said court and transferred to the court of Judicial Magistrate (Sub Judge), Baramulla. The file was pending on the dockets of the said court and petitioners instead of causing appearance before the transferee court filed a revision petition before the court of Sessions Judge, Baramulla, against the order of Judicial Magistrate (2nd Additional Munsiff), Jammu, drawing cognizance and issuing process which was dismissed vide order dated 13.09.2011. Thereafter, filed the petition in hand on the ground that entire proceedings are without jurisdiction and abuse of process of law.

(3.) It is stated that complainant has to prove that first marriage and the second marriage was performed after performing the pre-requisites of the religion to which they belong. The complainant has not mentioned in the complaint and the witnesses have not deposed whether first marriage was legal one and was performed in accordance with the religion to which they belong. The petitioners have not agitated this ground right from drawing of cognizance and issuing process till filing of the petition in hand despite of the fact that they invoked the jurisdiction of this court by the medium of criminal transfer application in the year 2007. The minutes of the file due disclose that petitioners/accused have not caused appearance before the trial court at Jammu or at Baramulla. Thus abused the process of law.