GOPAL LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition has been filed by the petitioner challenging the proceedings going on against him in the court of the learned Addl. Chief Judicial Magistrate, Makrana in Criminal Case No.120/2008 and being aggrieved by the order dated 17.01.2009 passed by the learned Addl. Chief Judicial Magistrate, Makrana framing the charges against the petitioner for offence under Sec. 498A Penal Code as affirmed in revision by the learned Addl. Sessions Judge, Parbatsar by his order dated 25.07.2009 in Criminal Revision No.18/2009.

(2.) Assailing the proceedings going on against the petitioner, the principal ground of challenge which has been canvassed by the learned counsel for the petitioner is that none of the causes of action for trying the petitioner for offence under Sec. 498A Penal Code has arisen in the territorial jurisdiction of the court of Addl. Chief Judicial Magistrate, Makrana because as per the highest allegation of the complainant in her complaint as well as in the statement recorded under Sec. 161 Code Criminal Procedure all the alleged acts of cruelty have been stated to have been committed at her matrimonial home, which is at Murlipura Scheme, Jaipur. Thus, while placing reliance on the decision of the Honourable Supreme Court in the case of Bhura Ram & Ors. Vs. State of Rajasthan & Ors., 2008 (65) AIC 122 (SC)=2008 (61) ACC 668=2008 (11) SCC 103. learned counsel for the petitioner submits that the proceedings in the court of Addl. Chief Judicial Magistrate, Makrana are impermissible because the court of Addl. Chief Judicial Magistrate, Makrana lacks jurisdiction to try the case.

(3.) Per contra, learned Public Prosecutor has opposed the prayer made and submits that now the charge-sheet has been filed in the matter and the charges have also been framed against the accused, thus, the trial of the case is very much permissible in the court of learned Addl. Chief Judicial Magistrate, Makrana.