As a companysequence thereof, the proceedings before the Additional Chief Judicial Magistrate, Sri Ganganagar are quashed.Challan was filed against the appellants in the Court of learned Additional Chief Judicial Magistrate, Sri Ganga Nagar.
79 of 2006 P. NAOLEKAR, J. Leave granted.
The charges were framed against the appellants for offences under Sections 498A and 406 IPC.
246 of 2001 was registered against the appellants for offences under Sections 498A, 406 and 147 of the Indian Penal Code IPC .
The Revision Petition before the learned Sessions Judge, Sri Ganganagar was also rejected.
The appellants made a prayer before the Court that the Court of Additional Chief Judicial Magistrate had numberjurisdiction to try the offences as the cause of action accrued within the jurisdiction of the other companyrt.
The application was rejected.
The Court has found that all the allegations regarding the offences charged with have been companymitted at the previous residence of the companyplainant.
587 OF 2008 arising out of Special Leave Petition Crl.
NON REPORTABLE CRIMINAL APPEAL NO.
The High Court dismissed the B. Criminal Miscellaneous Petition preferred by the appellants holding that although the marriage was solemnized at Village Ramsara, Tehsil Abohar, District Ferozpur, and right from the marriage, the companyplainant and her husband Ravindra Kumar were living in Punjab with her in laws and her husband had died, and that she is number residing in Sri Ganganagar District in Rajasthan along with her maternal relations, but still offence under Section 498A IPC, being a companytinuing one, the companyplaint cannot be dismissed on the ground that it was time barred and that the offence of cruelty being a companytinuing offence is still companytinuing with the local area of Rajasthan, where at present the companyplainant is living and, therefore, the Additional Chief Judicial Magistrate, Sri Ganganagar had jurisdiction to try the case.
The facts stated in the companyplaint disclose that the companyplainant left the place where she was residing with her husband and in laws and came to the city of Sri Ganganagar, State of Rajasthan and that all the alleged acts as per the companyplaint had taken place in the State of Punjab.
The companyplainant Rajeshwari lodged a companyplaint on 4.9.2001 before the learned Additional Chief Judicial Magistrate, Sri Ganganagar against the appellants.
The companyplaint under Section 156 3 of the Code of Criminal Procedure was sent to the Police Station, Sadar Sri Ganganagar for investigation on which FIR No.
