BHARAT BHUSHAN, J. - (1.) HEARD Sri B.S.Yadav, learned counsel for the applicant and learned AGA for the State.
(2.) NONE present for respondent no. 2 Noor Sabha @Rani despite service of notice as per report of the Chief Judicial Magistrate, Ghazipur dated 4.7.2014.
(3.) IT appears that respondent no. 2 Noor Sabha @ Rani lodged an FIR being Case crime no. 499 of 2011, under sections 498 -A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Obra, District Sonbhadra. The FIR specifically states that subsequent to marriage of Smt. Noor Sabha @ Rani with applicant no. 1 Irfan Khan, a Constable in Central Reserved Police Force (in short as Cr.P.F.), she was maltreated by her in -laws at Ghazipur. The contents of FIR reveal that almost every incident took place at Ghazipur and she was turned out of her matrimonial home from Ghazipur. Learned counsel for the applicants submits that jurisdiction of the case lies at district Ghazipur court and case has been registered at Sonbhadra merely to harass the applicants. The contents of the FIR are very clear, which indicate that every reported incident occurred at Mahakpur Police Station Mohammadabad District Ghazipur and that respondent no. 2 merely went to Obra District Sonbhadra subsequent to her departure from her matrimonial home. No incident took place at Sonbhadra. In any case, other cases regarding matrimonial dispute namely, case under section 125 Cr.P.C., restitution of conjugal rights and litigation under Muslim Women (Protection of Right on Divorce) Act, 1986 (Annexures 4, 5 and 6 to the application) are also pending at Ghazipur.;