KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal miscellaneous petition under Section 482 of the Code of criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 8-2-2008 passed by the judicial Magistrate, Desuri, District Pali (for short "the trial Court" hereinafter)in Criminal Regular Case No. 598/2001, whereby the application filed by the petitioners under section 177 of the Code objecting the jurisdiction of the trial Court to make an enquiry into and try the case instituted by the respondent No. 2 for the offences under sections 498-A and 406, I. P. C. was dismissed.

(2.) I have heard the learned counsel for the parties at length. Carefully gone through the impugned order, the First Information report and the charge-sheet filed by the police against the petitioners for the offences under Sections 498-A and 406, I. P. C.

(3.) IT is contended by the learned counsel for the petitioners that the marriage of the respondent No. 2 was solemnized with petitioner No. 2 Mukesh within the territorial jurisdiction of Police Station, Sadri, district Pali, which falls within the territorial jurisdiction of the Court at Desuri, District pali, however after solemnizing the marriage, the respondent No. 2 started living with her husband and other members of in-laws at her matrimonial home at Ahmedabad (Gujarat), who are petitioners herein. At the time of marriage, whatever dowry articles were given to the respondent No. 2 by her parents were entrusted to the petitioners but they have been taken to Ahmedabad (Gujarat) where the respondent No. 2, her husband and the members of her in-laws had been residing after the marriage. Now, her parents-in-law are residing at Kenya (Africa ). According to the learned counsel for the petitioners, if at all any offence is committed and the respondent No. 2 was subjected to the cruelty and harassment and declined to return her dowry articles then that have been committed at Ahmedabad (Gujarat) and not at Sadri (Rajasthan ). Learned counsel submits that the application under section 177 of Code objecting the jurisdiction of the Court at Desuri, District pali (Rajasthan) has been dismissed by the trial Court. Hence this criminal miscellaneous petition.