SHAHER BANO Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-4-195
HIGH COURT OF ALLAHABAD
Decided on April 22,2015

Shaher Bano Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) This revision has been preferred against the order dated 18.02.2015, passed by Judicial Magistrate, Chakiya, Chandauli in Complaint Case No.262 of 2015 (Shaher Bano Vs. Sahjade Hussain and another), under Sections 498-A, 406, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station Chakiya, District Chandauli, whereby the complaint of the revisionist was dismissed under Section 203 Cr.P.C. for want of jurisdiction.
(2.) Heard learned counsel for the revisionist as well as learned A.G.A. and perused the record.
(3.) Learned counsel for the revisionist has challenged the validity and correctness of the impugned judgment on the ground that learned Magistrate without going through the complaint dated 20.1.2015 and without keeping in view the fact that the cause of action arose at Chandauli, wrongly and illegally rejected the complaint on the ground of lack of jurisdiction. Learned counsel for the revisionist has submitted that the offence alleged against opposite party nos. 2 and 3 is a continuing offence and the impugned order is against the spirit of Sections 177 and 178 of Cr.P.C. He has further contended that because the complainant / wife has been forced to reside at her parental home at Chandauli due to cruelty and torture of accused persons, the cause of action is continuing at Chandauli also.;


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