JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. is directed against the order dated 21-12-94 passed by learned Additional Chief Judicial Magistrate, Suratgarh in Cr. Original Case No. 223/94 under Sections 406 and 498A, I.P.C. whereby the application submitted by the petitioners on 7-10-94 challenging the jurisdiction of the Court was dismissed and ordered to hear the arguments for charge.

(2.) The S. H. O., Suratgarh submitted a chargesheet against the petitioners in the Court of Additional Chief Judicial Magistrate, Suratgarh for offences under Sections 406 and 498A, I.P.C. after completing the investigation on a report by Smt. Narayani daughter of Khayali Ram and wife of petitioner No. 1 Jagdish on 22-3-94 in which she stated that she was married to petitioner No. 1 Jagdish on 7-2-91 at Manak Khedi according to Hindu rites. Gold and silver ornaments were given to her by her father in the marriage which she entrusted to her mother-in-law petitioner No. 2 Smt. Chavli and her brother-in-law petitioner No. 3 Rameshwar Lal. Her father also gave as a present Rs. 31,000/- to Jagdish in Tika ceremony. It was further stated that the petitioners were not satisfied with the presents and started treating her with cruelty. She was beaten by the petitioners. The petitioners asked her to bring Rs. one lac from her father and threatened to kill her. She wrote a letter to her father. Her brother and maternal uncle came there and took her to her parents house. It was alleged that had she not been taken by her brother to her parents the petitioner would have killed her. Panchayat was held several times but the dispute could not be settled. The petitioners bluntly said that she could live with them only when she brought Rs. one lac from her parents. The petitioner also refused to return her 'Stri Dhan'. The offences under Section 406 and 498A I.P.C. were registered at Police Station, Suratgarh and chargesheet was submitted as stated above.

(3.) The petitioners challenged the jurisdiction of the Court of learned Additional Chief Judicial Magistrate to try the case but the application filed by the petitioners was rejected.