Smt. Amna vs Smt. Tasleema

N. B. Asthana, J.—This revision by two of the accused in criminal case No. 336 of 1994 under Sections 498A and 323/504/506, I.P.C. is directed against the order dated 21.4.94 passed by A.C.J.M. Kashipur district Nainital summoning the revisionist alongwith two other co-accused.

It has been argued that the cause of action for filing the complaint against the two revisionists is alleged to have arisen within the jurisdiction of Amroha district Moradabad and, therefore, the A.C.J.M. at Kashipur had no territorial Jurisdiction to try the complaint against the two revisionists. In para 6 of the complaint it is alleged that Smt. Amna, Smt. Mehtab and Sadiq pressurised the complainant to bring Rs. 10,000 in dowry and when she expessed her inability to do so attempt was made to sprinkle Kerosene oil upon her and set her to fire. At that time she promised to bring Rs. 10,000 from her parents in order to save her life. She was then turned out of the house and then she returned to her parents house and told them the entire story. Her family members went to Amroha to get the matter settled. From the complaint it also appears that the revisionists are the residents of Mohalla Chakli P.S. Amroha district Moradabad. It has been argued that from the allegations made in the complaint it is clear that this part of cause of action arose at Amroha and, therefore, A.C.J.M., Kashipur had no jurisdiction to entertain the complaint. It has, however, not been disputed at this stage that upon the allegations made in the complaint the case against the two co-accused was cognizable by A.C.J.M. Kashipur, Nainital.

After hearing the learned Counsel for the revisionist and perusing the material available on the record I am of the opinion that the revisionist should move an application before the trial Court bringing to its notice that the case against the present revisionist is not cognizable by that Court and making suitable prayer. It was urged that in this case the revisionists would have to travel from Amroha to Kashipur causing them harassment and humiliation.

In the circumstances I direct that the revisionist should move an application before A.C.J.M. Kashipur, Nainital stating that the Court had no territorial jurisdiction to entertain the complaint against them and making appropriate prayer. In case such an application is filed the A.C.J.M. would dispose it of without proceeding further in the matter. The trial Court would not insist for the personal presence of the revisionists till the above application is disposed of in case such application is filed on their behalf by a duly authorised Advocate undertaking to produce them in Court, if necessary, after the disposal of the above application.

With the above observations the revision is finally disposed of.