NAND LAL Vs. SUDESH KUMARI

JUDGEMENT

(1.) A complaint was filed by respondent No.1 against the petitioner and respondents 2 to 4 alleging offences u/s 494/109 R.P.C. on 31.5.1982 in the court of chief Judicial Magistrate, Jammu. Through the medium of this application the petitioner seeks quashing of the proceedings arising out of the said case.

(2.) A perusal of the complaint shows that in para No. 4, it has been alleged that the petitioner who was already married to respondent No. 1 contrated another marriage with one Indu Bala during the life time of respondent No. 1 at Mohalla Kumaran Mukarian City. In para 5 of the complaint it is again stated that respondents 2 to 4 abetted the commission of the offence and encouraged the petitioner to marry Indu Bala at Mohalla Kumaran Mukerian city in Punjab.

(3.) APPEARING for the petitioner, learned counsel submits that under Sec. 177 Cr. P. C every offence shall ordinarily be enquired into and tried by a court within the local limits of whose jurisdiction it was committed and that since the offence u/s 494 R.P.C., was allegedly committed within the jurisdiction of the court at Mukerian in Punjab, the Chief Judicial Magistrate, Jammu, has no jurisdiction to issue process against the petitioner or proceed with the complaint There appears to be force in this submission.