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1955 Supreme(All) 15

DESAI
IBARAT HUSAIN – Appellant
Versus
STATE THROUGH JARRAR HUSSAIN – Respondent


Advocates Appeared:
R.C. Sinha, S.K. Dongre, Syed Sadiq Ali

JUDGMENT

Desai, J.

[1] This is an application against an order of the courts below holding that a court at Kanpur has jurisdiction over the complaint filed against the applicants under Section 494, I.P.C. The allegations in the complaint, on the basis of which the question of jurisdiction has to be decided, are that the father-in-law of the complainant took away the complainant's wife from his house in Kanpur district to Gonda district and that in Gonda district she was remarried to the applicant Ibarat Hussain. As the remarriage was performed in Gonda district, it was contended before the trial court in Kanpur that it had no jurisdiction over the offence of Section 494, I.P.C., and that it co'uld be tried only in a court in Gonda district.

The trial court held that the consequence of the remarriage was that the complainant was deprived in Kanpur district of the consortium of his wife and that consequently the offence "could, be tried in Kanpur district and relied upon -- 'Munir v. Emperor', AIR 1926 All 189 (A). The trial court overruled the objection of the applicants and proceeded with the case. The applicants went up in revision to the Sessions Judge, who also relied upon Munir








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