RAJENDRA SINGH Vs. ASHA MEHTA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Counsel for the non -petitioner.

(2.) THIS petition under Section 482 of the Criminal Procedure Code is directed against the order dated 8th December, 1988 passed by the learned Munsif and Judicial Magistrate, First Class, Bhilwara by which order the learned Judicial Magistrate took congnizance of the offences punishable under Sections 406 and 498A' of the Indian Penal Code and directed the issue of summons against the accused petitioners Rajendra Singh and Vridhi Singh.

(3.) NON -petitioner Smt. Asha filed a complaint (No. 13/88) in the Court of learned Munsif and Judicial Magistrate, Bhilwara on 15th March, 1988. In her complaint she made allegations against Rajendra Singh, Vridhi Singh and Smt. Sur Sundari W/o Vridhi Singh in respect of the commission of the offences punishable under Sections 406 and 498A of the Indian Penal Code. On 15th March, 1988 a complaint was sent to Police Station Kotwali Bhilwara under Section 156(3) of the Criminal Procedure Code. In compliance with the order passed by the learned Munsif and Judicial Magistrate, Bhilwara a First Information Report No. 158/88 was registered at Police Station, Bhilwara on the basis of the allegations made in the complaint filed by Smt. Asha. The Police conducted investigation and after investigation submitted the final report No. 169/88 dated 30th June, 1988. The Police submitted the final report on the ground that the marriage was solemnised on 16th November, 1984 at Bhilwara and after that Asha went to Bikaner with her husband and lived at Bikaner for sometime and then went to Nathdwara and the disputes between Asha and her husband occurred either at Bikaner or at Nathdwara and not at Bhilwara. The Station House Officer of the Police Station City Kotwali, Bhilwara, therefore, came to the conclusion that no offence was committed within the jurisdiction of Police Station City Kotwali, Bhilwara. He, therefore, submitted the final report.