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2008 DIGILAW 1399 (RAJ)

Roop Singh v. State of Rajasthan

2008-05-19

G.S.SARRAF

body2008
JUDGMENT 1. - Brief facts of the case are that the respondent No. 2 Vimlesh lodged a report on 3.6.2004 at Mahila Thana, Kota City stating therein that she was married to the petitioner No. 2 Gajendra Singh according to Hindu rites and at the time of the marriage her father gave Rs. 1,70,000/- cash and domestic goods worth Rs. 1,10,000/-. Soon after the marriage her husband and mother-in-law started abusing her and harassing her for in-adequate dowry. On 31.3.2003 her father-in-law Roop Singh (petitioner No. 1) caught her by hand, felled her on the ground pulled her sari, fell on her and ran away when she cried. When she informed her father he brought her to Kota. After usual investigation the police filed a challan against the petitioners under Sections 498-A, 406, 354 and 376 read with Section 511 I.P.C. before Judicial Magistrate No. 3, North, Kota who in turn committed the case to the Court of Sessions Judge, Kota from where the case was transferred to Judge, Special Court, Women Atrocities and Dowry Cases, Kota. Charges have been framed against the petitioner No. 1 Roop Singh of the offences under Sections 498-A, 406 and 376 read with Section 511 I.P.C. and against the petitioner Nos. 2 & 3 Gajendra Singh and Sufedi of the offences under Sections 498-A, 406 I.P.C. 2. The petitioners have filed this petition for quashing the charges framed against them and for quashing the proceedings pending before the Judge, Special Court, Women Atrocities and Dowry Cases, Kota on the ground of lack of territorial jurisdiction of the Court at Kota. 3. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the respondent No. 2. 4. A bare perusal of the F.I.R. filed by the respondent No. 2 reveals that all the acts of demand of dowry and harassment have been committed at the village Gehanoli Mod, District Bharatpur i.e. the place where the respondent No. 2 lived with her husband and in-laws after the marriage. The act of assault on her by the petitioner No. 1 Roop Singh is also alleged to have been committed at the village Gehanoli Mod, District Bharatpur. The cash and the domestic goods also appear to have been retained by the petitioners at Gehanoli Mod, District Bharatpur. The act of assault on her by the petitioner No. 1 Roop Singh is also alleged to have been committed at the village Gehanoli Mod, District Bharatpur. The cash and the domestic goods also appear to have been retained by the petitioners at Gehanoli Mod, District Bharatpur. The petitioners have filed a marriage card according to which the marriage was solemnized at the village Ubar in Disrict Bharatpur. Looking to the above factual scenario of this case I find it fit and appropriate to transfer the case from Kota to Bharatpur. 5. Consequently, the case No. 7/2006 State v. Gajendra Singh & Ors. pending before Judge, Special Court, Women Atrocities and Dowry Cases, Kota is transferred to the Court of Sessions Judge, Bharatpur for disposal in accordance with law.The petition stands disposed of as above.Petition disposed of. *******