O.P. Bishnoi, J. - (1.) This revision petition is filed by the husband against an order dated 27.3.2003 delivered by the learned Chief Judicial Magistrate, Udaipur.
(2.) The wife instituted a case before the said court for the offence under Section 498-A of the IPC with the allegation that she was thrown out of her in-laws house by her husband on 10.7.96 and since then, she has been living at her maternal house. It is alleged that she was tortured by the husband when she was living with him. The F.I.R. was lodged on 3.8.2000 and after appearance of the accused, he moved an application under Section 468 of the Cr.P.C. wherein it was contended that since the wife was not living with the husband and was living at her maternal house w.e.f. 10.7.96, no cognizance after, a period of 3 years i.e., 10.7.1999 could be taken against the husband. The learned trial court made an observation to the effect that an offence under Section 498-A of the IPC was a continuous offence and hence, Section 468 of the Cr.RC. was as good as irrelevant when the allegations are made for an offence under Section 498-A of the IPC. Feeling aggrieved, this revision petition has been filed.
(3.) I find that it is difficult to agree with the observations made by the learned trial court. As pointed out earlier, it is not in dispute that the wife is not living with the accused after 10.6.96. The learned trial court has made an observation that in January, 1998 and January, 2000, the wife approached her in-laws but their behaviour was rude and she had to return. Needless to say that simply on the basis of the allegation of rude behaviour, it cannot be said that an offence under Section 498-A of the IPC stood disclosed in January 1998 and January 2000.;