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1988 Supreme(All) 87

RAJESHWAR SINGH
VIJAI RATAN SHARMA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
M.D.MISHRA, RAJ SINGH RANA

RAJESHWAR SINGH, J.

( 1 ) THESE are two applications under S. 482 Cr. P. C. Both have been filed by husband, father-in-law and mother-in-law of the opposite party 2 Smt. Madhu Bala in connection with the complaints that were filed by Smt. Madhu Bala, opposite party 2 at Ghaziabad. In both these proceedings the applicants want to get rid of the criminal proceedings initiated by the wife Smt. Madhu Bala at Ghaziabad and their only argument is that Courts at Ghaziabad have no jurisdiction to entertain these complaints, because the offence as alleged has been committed outside Ghaziabad. Before proceeding further, it may be pointed out that the question at this stage is not whether there is any truth in the allegations made, but question is whether on the basis of the allegations made in the complaint the Ghaziabad Courts will have jurisdiction. For the purpose of S. 482 Cr. P. C. allegations of complaints are taken to be correct as held in the case, J. P. Sharma v. Vinod Kumar (1986) 3 SCC 67 and Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370.

( 2 ) FIRST I take-up the Criminal Misc. Application No. 4481 of 1987. In this application the prayer of the applicants is that entire proceeding










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