3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Writ Petition No. 1028 of 2009 (Ashabai Suryakant Gonde V. Suryakant Shrimant Gonde & Ors.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.G. Dodya, Advocate for the petitioner Mr. R.V. Naiknavare, Advocate for the respondents No.1, 3 and 4 The respondents No. 2, 5 to 13 though served, absent Mr. V.D.Rakh, A.P.P. for the respondent No.14 / State PER COURT : 1. Heard. 2. This Writ Petition is filed against the Judgment and order passed by the learned Additional Sessions Judge – II, Beed, dated 2nd May, 2008, in Criminal Revision No. 33 of 2007. The learned Additional Sessions Judge ordered setting aside of the order of issuance of process, passed by the learned Judicial Magistrate, First Class, Georai, in Regular Criminal Case No. 254 of 2006. The petitioner was the complainant in the trial Court. She filed Regular Criminal Case No. 254 of 2006 against the 3 respondents, mainly against the respondent No.1, for having committed an offence of bigamy, punishable under Section 494 of the Indian Penal Code, and she alleged, that the other respondents aided and abetted commission of such offence. She categorically stated in the complaint that after her separation from the respondent No.1, she has taken residence with her parents, who reside at village Rui Dhanora, situated in Georai Taluka, which lies within the local jurisdiction of Court of Judicial Magistrate, First Class, Georai. The learned Magistrate, after recording depositions of the complainant and a witness, issued process against the respondents. This order of issuance of process was challenged before the Additional Sessions Judge, in the above mentioned Criminal Revision Application. The learned Judge, without having any regard to Section 182 of Code of Criminal Procedure, placed reliance only on the provisions of Section 177 of Code of Criminal Procedure, and held that since the alleged second bigamous marriage had taken place at a place which did not fall within the local jurisdiction of the Court of J.M.F.C., Georai, the order of issuance of process was illegal. It is clear that the learned Additional Sessions Judge was unaware of the provisions of Section 182 of Code of Criminal Procedure, which provides that an offence punishable under Section 494 of Code of Criminal Procedure may be inquired into or tried by a Court within whose local jurisdiction offence was committed 3 or the offender last resided with complainant or the complainant had taken a permanent residence after the commission of offence. This case squarely falls in the third category. The impugned order thus suffers from serious illegality, and therefore, deserves to be set aside. 3. The Writ Petition is allowed. 4. The impugned order stands set aside. 5. The parties shall appear before the trial Court on 5th May, 2010. DATE: 05.04.2010 [A.V.NIRGUDE, J.] srm/criwp/1028/09