MEHAR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. petition has been preferred against the order dtd. 4/5/2016 in Criminal Revision No.40/2014 passed by learned Additional Sessions Judge No.2, Sri Ganganagar whereby order dtd. 7/12/2012 & 9/1/2013 passed by learned ACJM No.2 Sri Ganganagar in criminal regular Case No.157/2012 emanating from FIR No.4/2012 registered at the Police Station Chunawarh, District Sri Ganganagar for the offences under Ss. 498-A and 323 of IPC was confirmed.

(2.) In a nutshell, the facts of the case are that on 6/1/2012 on the basis of the statement of respondent No.2-complainant, Police Station Chunawarh, District Sri Ganganagar registered an FIR wherein it was alleged that her marriage with petitioner No.1 was solemnized on 11/4/2005 and thereafter she was subjected to cruel behavior by her in-laws for demand of dowry and despite Panchayat the demands were continued. On 2/1/2012, she was beaten up by her husband and other relatives to extract ? 1 lac as dowry from parents of the complainant. On the basis of investigation, a charge sheet under Sec. 498-A and 323 IPC was filed against the present petitioners.

(3.) Thereafter, learned trial Court proceeded to frame charges against the present petitioners which were challenged before the learned Revisional Court but the revision petition was dismissed. Learned counsel for the petitioner while relying upon the judgment in the case of Bhura Lal & Ors. Vs. State of Rajasthan and Anr., 2008 (3) RLW SC 1924 would submitted that the marriage of complainant and the petitioner No.1 was solemnized in Tehsil Abohar (Punjab) and at the time of incident, the complainant was residing in Tehsil Abohar, wherein she was subjected to so called cruelty as alleged in the her statement. He would further submit that the record clearly indicates that on the day when the alleged incident took place, she was brought to Civil Hospital, Sri Ganganagar on 6/1/2012, wherein Mr. Harvindra Singh, Head Constable of Police Station Sadar Abohar (Punjab) recorded the statement of complainant. After recording of this statement, an FIR was registered at PS Sadar, Abohar and the same was investigated. He further submitted that after this information to Punjab Police, the complainant after legal advice had also registered a case against the present petitioners in Police Station Chunawarh wherein a charge sheet under Ss. 498-A and 323 of IPC was filed. He would also submitted that two criminal cases from one incident cannot be tried at different places as the same amounts to abuse to process of law. He would further submitted that the statement so recorded under Sec. 161 Cr.P.C. indicated that entire incidents were taken place in the jurisdiction of Abohar in the State of Punjab. Thus, the Courts at Sri Ganganagar are not having any jurisdiction to try the offence.