SUNIL KUMAR SINHA. J.

( 1 ) THE five accused persons (hereinafter called as the petitioners) of Criminal Case No. 233/ 2004, (State of C. G. v. Anil Kumar Saxena and 4 others) pending in the Court of judicial magistrate, First Class, Kawardha, distt. Kabirdham (C. G) have prayed for quashment of the proceedings of the aforesaid criminal case for want of territorial jurisdiction. Therefore, a short question involves for consideration as to whether the Court at Kawardha would have jurisdiction to try this case or not ?

( 2 ) THE brief facts, according to the charge sheet, are that the complainant/ respondent no. 2 was married to the petitioner no. 1 on 21/6/2002. The marriage was solemnized in Kawardha The First information Report would show that after the marriage, the respondent no. 2 want to live with her husband and other family members in Bilaspur and they were jointly residing in Mohalla yadunandan Nagar, Bilaspur, Distt. Bilaspur (C. G ).

( 3 ) THE case of the prosecution, according to the Charge Sheet, is that just after the marriage, the petitioners started demanding a sum of Rs. 2 lakhs from respondent no. 2. The allegations are that she was constrained to call her parents to manage for Rs. 2 lakhs and on the pretext of this, she was subjected to cruelty by the petitioners: Admittedly, petitioner no. 1 is the husband, petitioner no. 2 is the brother-in-law (Dewar), petitioner no. 3 is the father-in-law and petitioners nos. 4 and 5 are sisters-in-law (Nanads) of respondent no. 2. When this was informed to the father of the complainant, he came over to Bilaspur on 21/10/2002 and submitted a complaint before Mahila Police Station Bilaspur. The copy of the complaint has been filed as annexure A-2. The statement of respondent no. 2 was recorded on 21/10/2002 in which she made allegations of cruelty and demand of Rs. 2,00,000. 00 by the petitioners and since she made statement that she wants to go to Kavardha and if she is not allowed to go to Kawardha, she will commit suicide, she was handed over to her father and ultimately, she was taken by the father to Kawardha on 21/6/2002. Since then the complainant is residing with her parents at Kawardha, distt. Kawardha The copy of the statement dated 21/10/2002 has also been filed as Annexure A-1.

( 4 ) IT appears that thereafter, the complainant lodged a written report in police station Kawardha on 21/6/2003 and on the basis of this report, a crime vide no. 158/2o03 under section 498-A read with Section 34 of the I. P. C. was registered against the petitioners by kawardha Police and the investigation commenced and after completion of investigation, a charge sheet was filed before the Court of C. J. M. , Kawardha who in turn transferred the case to the concerned J. M. F. C. for trial. The Magistrate at Kawardha took cognizance in the matter and framed charges against the petitioners under section 498-A of the I. P. C. The contents of the written report lodged by the complainant in police station (An-nexure A-3) are reproduced as under:"prati, shriman THANA PRABHARI, kvardha JILA KA WARDHA, C. G. VISHAY : DAHEJHETUMANSIKAND sharirik RUP SE PRATADIT KIYE jane KE PARIPAKSHY ME PATI, sasur, NANAD, DEVAR, KE VIRUDH kathor KARYA VAHI TURANT KIYE janebabat. MAHODYA JI, nimnanusar SA VINAY NIVEDAN HAI :- (1) YAH KI MERA VIVAH DINANK 21/6/2002 ko YADUNANDAN NAGAR bilaspur NIVASI SHRIR. P. SAXENA ke PUTRA SHRI ANIL SAXENA KE saathka WARDHA ME SAMPAN HUA tea. VIVAH KE TURANT BAAD dinank 21-6-2002 KO ME APNE sasural YADUNANDAN NAGAR bilaspur CHALI GAL (2) YAH KI VIVAH KE UPRANT BILASPUR jane KE DUSRE TISRE DIN JAB mehman CHALE GAI TO MERE sasur, DEVAR, SUNIL, NANAD SHRI mati SUNITA VKUMARI VINTTA AAPAS me YAH BAAT CHEET KARTE THE KI dahej MAIN NAGAD AUR SAMAN kam DIYA GAYA HAI TATHA DAHEJ ke SAMANO TATHA NAGAD RAKAM ko LEKAR AAPAS ME BAATCHEET karte RAHTE THE. ISKE DUSRE tisre DIN MERE SASUR AVM MERE pati DONO MUJHSE BOLE KI ANIL ko USKE SCHOOL KE LIYE DO laakh RUPYE KI AVASHYAKTA HAI jise TUM

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