/^^ ~% ; § ^^^' .-y" i%0'^03 ^.y-i" / <? •;f.3<3^iS5; biasaSSSSSi ^SS9:SSW 2. HiOH COURT OF CHHATTISGARH AT BILASPUR CR. M.P. 1. Awadh Kishore Sinha Son of Sbri Paras Lal Suilia, aged about 66 years, Resident of vfflage Pratapgai'li, Police Station Sitapur, District Sui^uia (C.G.). 2. Anil Kuinar Sinha Son of Shri Awadh kishore Siiilia, aged about 37 years Resident of ViUage Pratapgarh, Police Station Sitapur, Distnct Surguja (C.G.). 3. Raaiita SiBLha D/o Sbri Awadh. Kishore Siuh.a, aged about 23 years, Resident of viUage Pratapgarh, PoUce Station Sitapur, District Surguja (C.G.j. 4. Asha Devi Wife of Shri Awadh Kishore Siaha, aged about 65 years, Resident of vfllage Pratapgarh, Police Station Sitapur, District Surguja (C.G.). 5. Nirupa Siiiha Wife of Shri Aail Kum.ar Sinha, aged about 35 years, Resident of viU^e Pratapgarh, Police Station Sitapur, District Surguja (C.G.). 6. Sunfl Kumar Suiha son of Sbri Awadh Kishore Sisiha, aged about 34 years, Resident of village Pratapgarh, Police Station Sitapur, Distiict Sui'guja (C.G.). State of Chh.attisgarh, Through The Police Station Preinnagar, District Surguja (C.G.). Smt. Suaita Sirsha Wife of shri Simfl Kuniar Si&ha, aged about 33 years, Resideat of ViUage Preinnagar, Police Station Pmnnagar, District Surguja (C.G.). PBTITION UNDER SBCTION 482 OF THE CODB OP CRIMINAL PROCBDURE. 1973. (SB :Hon'ble Mr. T.P.Sharma, J.) Presenfc- Shri V.K. Pandey, Advocate for the petitioners, Ms. Sangeeta Mishra, P.L. for the State/ respondent No. 1. Shri Ashok Kumar Shukla, Advocate for the respondent No. 2. ORAL- ORDBR ^^SSiSlB " r:-:--'^'^^a^£!iS^S^K^-;->.:^;.^ (/S^ -^ •d?a, 6. This peution is for quasltment of the criminal proceeding penduij before the leamed Additional Chief Judicial Magistrate, Surajpur District Sui^uja iu cruiunal case No. 277/06 for fhe offence punishable under Sections 498-A, 294, 506/34 ofthe Indiaa Penal Code on fhe grouad ofjurisdictional error. Shri V.K. Pandey, Advocate for the petitioiiers, Ms. Sangeeta Mishra, P.L. for the State/respondent No'; 1 a&d Shri Ashok Kuinar Shukla, Advocate for fhe respondent No. 2 are heard. Copy of fhe order aiid charge-sheet filed on behalf of tbe petitioners perused. Leamed counsel for the petitioners subniits that respondent No. 2 Sm.t. Sunita Sinha who is a wiie of Suuil Kumar Siaha pedtioner No. 6 was residing with petitioners at Pratapgarh PoUce Sfation Sitapur Tahsil Sitapur within fhe territorial jurisdiction of fhe Court of Judicial Magistrate First Class situated at Sitapur. The material coUected on behalf of tbe prosecution prima facie shows fhat petitioners had cominitted torture aad cruelly upon respondent N0. 2 at Pratapgarh and at present she was residing at Suiajpur. Leamed counsel for fhe petitioners furtfaer subnuts that prosecution has not coUected any material to show fhat the petitioners have conuaitted auy offence within the temtorial jurisdiction of fhe Court situated at Surajpur therefore, aay crimiaal proceediag pendiag before the Court situated at Surajpur would amouiit to abuse ofthe process ofthe Court. On fhe other haad, learued couitsel for fhe w.spondents No, 1 & 2 submits that as a result oftorture aud harassiaent respondent No. c° ^?' ! 2 who is residiag at Surajpiu- is suffermg from mental agony which is a mental harassment aud a uart of cause of action which also arose at Surajpur and Court havmg jurisdiction at Surajpur is coinpetent to try fhe alleged offence, 7. A copy ofthe charge-sheet reveals fh.at entire cauae ofaction ofthe case arose at S3ratapgarh withia fhe territorial jurisdictioa of Court ofjudicial Magistrate Pirst Class situated at Sitapur and no part of cause of action has been arose at Surajpiir. 8. In the iustaat case the offence punishable under Scction 498-A is not contunung ia nature. The instant case may be tned by the Court haviag jurisdiction at Sitapur. 9. Consequently, crimiu.al case No. 277/06 State of Chhattisgarh Vs. Awadh Kishore Suiha and ofhera pendiag before the Additional Chief Judicial Magistrate, Surajpur District Surguja is hereby transferred to the Court of Judicial Masistrate First Class, Sitapur District Suiyija. Parties are directed to present before ftie Court of Judicial Magistrate Pirst Class, Sitapur District Siuyuja on 20/2/2009 for further proceeduig offhe case. The pctidon filed on behatfofthe petitioners are disposed ofaccordingly. 10. Copy of the order be sent to the Judicial Magistrate First Class, Sitapur District Surguja aad Additional Chief Judicial Magistrate, Surajpur District Surguja. Sd/- T-p- Sharnia Judge