JAMES N CHAND Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-1-14
HIGH COURT OF UTTARAKHAND
Decided on January 04,2012

James N Chand Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) HEARD .
(2.) BY means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of proceedings of Criminal Case No. 236 of 2009, State vs. Sumeet and others, relating to offences punishable under section 498A, 323, 504 and 506 of I.P.C., pending in the court of Special Judicial Magistrate, Dehradun. Learned counsel for the petitioners submitted that no part of cause of action has arisen within the State of Uttarakhand. However, perusal of the papers on record show that the marriage of the complainant Smt. Meenakshi James was solemnized on 12.10.2007, in Nehru Gram, Dehradun (Uttarakhand). The petitioners who are father in law and mother in law of the respondent no.3 are residents of Panchkula, Haryana. No doubt, it is alleged in the First Information Report by the complainant that she3 was ill treated by her in laws at Panchkula. But it is also stated that after she was ousted by the accused on 22.04.2008, when she was carrying pregnancy, nobody cared to see her in Dehradun, at the time of birth of her female child. The continuous cruelty appears to have been alleged.
(3.) ON behalf of the petitioners attention of this court is drawn to Bhura Ram and others vs. State of Rajasthan and another (2008) 11 SCC page 103 and Y. Abraham Ajith and others vs. Inspector of Police, Chennai and another (2004) 8SCC page 100, and it is pleaded that the court at Dehradun has no jurisdiction.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.