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CR.MA/4417/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4417 of 2010
=========================================================
MAGANBHAI
LALJIBHAI BARIYA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
VISHWAS S DAVE for Applicant(s) : 1 - 3.
MR MG NANAVATY, APP for
Respondent(s) : 1,
MR YATIN SONI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 08/07/2010
ORAL
ORDER
Petitioners
are the original accused. They have questioned jurisdiction of Chief
Judicial Magistrate, Bhavnagar to try the Criminal Case No.2358 of
2005 instituted by respondent No.2 herein
on
the ground that Court has no territorial jurisdiction.
Petitioner
No.1 is the husband of respondent no.2. Petitioner Nos.2 and 3 are
other family members. Respondent No.2 -original complaint has
lodged a complaint before Mahila Police Station, Bhavnagar against
the petitioners. Pursuant to the said complaint dated 30th
September, 2004 investigation was carried out and the charge-sheet
was filed before the Chief Judicial Magistrate, Bhavnagar.
It
is the case of the petitioners that all the allegations made in the
complaint pertains to period when the husband and wife resided
together at Rajkot and some time, at Dwarka. In any case, there are
no allegations of any act of harassment or cruelty being meted out
to the wife by the petitioner at Bhavnagar. Counsel for the
respondent No.2 is unable to dispute the above factual averments of
the petitioners.
Under
the circumstances, further continuing of the trial before Bhavnagar
Court would not be permissible. Nevertheless, the allegations made
in the complaint need to be tried. Considering the fact that
complaint was already lodged and investigated into and charge-sheet
presented till which time neither of the petitioners raised any
objections, pending criminal trial before Chief Judicial Magistrate,
Bhavnagar is ordered to be transferred to the Competent Court, at
Rajkot who shall hear and decide the same in accordance with law.
Present
petition is disposed of accordingly. Direct service is permitted.
(AKIL
KURESHI, J.)
(ashish)
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