- (1.) This revisional application has been directed against the order passed by learned J.M. 2nd Court, Jalpaiguri, on 15.12.08 in G.R. Case No. 1197 of 2004, whereby the learned J.M. 2nd Court, Jalpaiguri, has rejected the prayer of the accused for discharging him.
(2.) It is the case of the petitioner that a complaint was filed under Section 498A IPC before the Officer-in-charge of Matelli Police Station alleging therein that the Opposite Party No. 2 Suman Sharma, is the legally married wife of the petitioner and their marriage was solemnized on 26.05.03 by observing Hindu Rites and Customs, but the petitioner used to torture her both physically and mentally and did not allow the Opposite Party No. 2 to speak to her son and deprived them from food and clothes. After receiving the complaint from the Opposite Party No. 2, Police registered Matelli P.S. Case No. 44/04 dated 28.07.04 under Section 498A of the IPC. The matter was investigated by the Police treating the complaint of the Opposite Party No. 2 as First Information Report.
(3.) Thereafter, the petitioner was arrested in connection with that case and was released on bail. After completion of investigation, police submitted a charge-sheet bearing No. 79/04 dated 31.12.04 under Section 498A of the Indian Penal Code against the petitioner in G.R. case No. 1197 of 2004. As the cause of action for the said case arose at Sikar, Rajasthan, and no part of cause of action arose within the jurisdiction of Matelli P.S., so the petitioner filed the said application praying for his discharge on the ground of non-maintainability of the proceedings due to lack of territorial jurisdiction. Hearing the learned Counsel for the parties Learned J.M., 2nd Court, Jalpaiguri, rejected the said application of the petitioner.;