SAHEBRAO BAJIRAO Vs. SURYABHAN ZIBLAJI

JUDGEMENT

(1.) THE question here is whether the Wardha Court has jurisdiction to try the applicant under the Child Marriage Restraint Act.

(2.) THE marriage was celebrated at Bhopal and three persons are being proceeded against in respect of it. The applicant Sahebrao is the guardian and custodian of the minor girl who is said to have been married is contravention of the Act. The prosecution seek to implead him also as an accused. It is admitted that this can only be done if his case falls under Section 188, Criminal P.C.

(3.) IT is admitted that the offence, if any, was committed in the "territory of a Native Prince." It is also admitted that the applicant resides in Amraoti beyond the normal jurisdiction of the Wardha Court. What the prosecution allege is that he was "found" in Wardha when he attend did the Court in response to the summons served on him. The applicant, on the other hand, states that he was "found" at Amraoti when the police served the summons on him there and states that he cannot be "found" a second time. It will be seen that the matter turns on the meaning of the word "found" in Section 188.