BASANT KUMAR DWIVEDI Vs. KANCHAN DWIVEDI
LAWS(ALL)-2012-7-210
HIGH COURT OF ALLAHABAD
Decided on July 09,2012

Basant Kumar Dwivedi Appellant
VERSUS
Kanchan Dwivedi Respondents

JUDGEMENT

JAYASHREE TIWARI, J. - (1.) HEARD learned counsel for the applicants, learned A.G.A. as well as learned counsel for the respondents. The present application has been filed under Section 482 Cr.P.C. for quashing the criminal complaint case no. 340 of 1999, under Sections 498-A, 406 I.P.C. and section 3/4 Dowry Prohibition Act.
(2.) IN the aforesaid case, after taking cognizance of offence on a complaint case in accordance with provisions of Section 190 Cr.P.C., learned Magistrate has proceeded to record the statement under Sections 200 and 202 Cr.P.C. and thereafter considering the material evidence on record, he has issued the process i.e. summoning order in accordance with the provisions of under Section 204 Cr.P.C. The main ground on which the order is challenged for quashing is that learned Magistrate has no jurisdiction to take cognizance of the offence on the complaint case because the alleged torturing and cruelty is alleged to have been committed at Haridwar or Delhi which alone have jurisdiction and not the Court of C.J.M. at Ballia.
(3.) IT is also contended that two minors have been implicated in the matter on which ground also it has been challenged and prayed that proceedings be quashed under Section 482 Cr.P.C.;


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