KAUSHALYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two petitions under Section 482, Cr. P.C. are directed against two orders dated 17.9.2005 passed by learned Additional Chief Judicial Magistrate, Niwai in Criminal Case No. 426/2005. (FIR No. 48/2005, Police Station Niwai).

(2.) THE facts in brief are that one Pinki Kanwar filed a complaint under Sections 120 -B,313, 323, 341, 354, 406, 420, 498 -A and 509, IPC against the four petitioners in the Court of Additional Chief Judicial Magistrate, Niwai, which was sent to Niwai Police Station for investigation under Section 156(3), Cr. P.C. The police conducted the investigation and filed a charge sheet under Sections 498 -A, 406,341, 323, 313 and 354, IPC against the petitioners Vikram Singh and Bhairo Singh only. The Additional Chief Judicial Magistrate, Niwai not only took cognizance of the above offences against thepetitioners Vikram Singh and Bhairo Singh but also took cognizance of the offences under Sections 498 -A, 313 and 120 -B, IPC against the petitioner Kaushalya and of the offence under Section 498 -A, IPC against the petitioner Reena. The four petitioners have filed these two petitions to challenge the aforesaid two cognizance orders.

(3.) LEARNED Counsel for the petitioners has challenged the cognizance orders on the ground that all the acts of cruelty, criminal breach of trust and miscarriage etc. were committed at Gangapur, District Bhilwara, therefore, the Court at Niwai did not have the territorial jurisdiction to try the case. He has relied on 2004 (6) CRJ 401. He has also pointed out that the petitioner Reena is a minor. Learned Counsel for the respondent No. 2 has submitted that the offences are continuing and, therefore, the Additional Chief Judicial Magistrate, Niwai has jurisdiction to deal with the matter.