Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1539 PW 2022 State Vs Ling Ganesh and ors.
CNR No.MHMM18-008059-2022
Order Below Exh.1
1. The present matter is already disposed off, vide order of this court
dated 20.06.2024, observing that this court has no territorial jurisdiction to
entertain and decide the matter. The Record and Proceeding was sent to
concerned police station for it’s presentation before proper court.
2. Then concerned police station and Ld. A.P.P. relying on the judgment
of Supreme Court in case of Rupali Devi Vs State of U.P. and ors. (Criminal
Appeal No.71 of 2022), dated 09.04.2019, filed application Exhs.7 and 8, and
prayed that in view of observations and law laid down therein, this court has
jurisdiction to entertain and decide the matter.
3. Heard Ld. A.P.P. The observations made in the said judgment are
very much clear and as it is laid down in Para. 16 of the said judgment that
We, therefore, hold that the courts at the place where the wife takes shelter
after leaving or driven away from matrimonial home on account of acts of
cruelty committed by husband or his relatives, would, dependent on the
factual situation, also have jurisdiction to entertain a complaint alleging
commission of offences under Section 498-A of Indian Penal Code.
4. Thus, this court has jurisdiction to decide the matter. Therefore,
permission granted to revoke the file and proceed further from the stage
from where it was returned to prosecution. Proceeding shall also be revoked
in C.I.S. Issue notice to accused persons.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.08.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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