RAMESH KUMAR VERMA Vs. JAI SHANKAR PRASAD SRIVASTAVA
SUPREME COURT OF INDIA
RAMESH KUMAR VERMA
JAI SHANKAR PRASAD SRIVASTAVA
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(1.)The learned magistrate first class, aizwal district, Aizwal has on a private complaint filed by the respondent taken cognizance under sections 323, 352 and 365 IPC against the petitioners and by order dated 30. 9.1999 directed notices to be issued to the petitioners requiring their presence before the learned magistrate at Aizwal. On 11.11.1999 as the petitioners failed to appear before the learned magistrate, he directed notices to be issued once again along with an observation that if the petitioners did not make appearance then warrants shall be issued for enforcing their attendance.
(2.)It is not disputed that the respondent, posted at Aizwal, was married to Smt. Ranjana, who is resident of Siwan (Bihar). The marriage failed and ultimately ended in divorce on 15.7.1997. The couple had a male child named gulshan. The child seems to have been taken by the mother with herself. The respondent went to the house of his in- laws where his erstwhile wife was residing and demanded the custody of the child to be given to him. That was refused. On such refusal, respondent filed a complaint on 24.9.1999 before the learned magistrate first class, Aizwal. The learned magistrate did not hold any inquiry nor directed any investigation to be held under section 202 Cr. P. C. Straightaway on receipt of the complaint he took cognizance and directed notices to be issued. It may be stated that the four petitioners are respectively brother, father, mother and sister of Smt. Ranjana, the wife of the respondent.
(3.)The petitioners moved this petition before this Court seeking a transfer of the proceedings from Aizwal to Siwan (Bihar). During the course of hearing, when the records of the proceedings were brought to the notice of this Court, on 2.3.2001 this Court directed that notice be issued to the respondent to show cause why the proceedings in complaint case no. 10/1999 pending before the magistrate first class, Aizwal district be. not quashed as amounting to abuse of the process of the court, by this Court in exercise of jurisdiction under Article 142 of the Constitution. The respondent has appeared and shown cause.
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