Sitram Kalwar vs Sukia Kalwarin

The foundation of this Rule is the allegation that the petitioner had no notice of the proceedings u/s 488, Criminal P.C. that were held in the

Court of the Magistrate who made the final order in 1927. As regards this matter it appears to us that the allegations which the petitioner has made

in his application for revision to this Court are not correct We are satisfied upon a perusal of the two reports of the serving peon as well as on his

evidence that was given in those proceedings that the notices in connexion therewith were personally served upon the petitioner. If this fact has.

been established as in our opinion it has been, then the only question is whether the Magistrate had jurisdiction to deal with those proceedings

under the provisions of Sub-section 8 of Section 488, Criminal P.C. That Sub-section says that,

proceedings under this section may be taken against any parson in any district where he resides or is, or where he last resided with his wife

etc. The proceedings undoubtedly were taken in the District of 24 Parganas. The petitioner at that time admittedly was residing in Calcutta. But it is

alleged on behalf of the opposite party that it was within the 24 Parganas that the petitioner had last resided with his wife. The allegation, however,

is denied on behalf of the petitioner. It is not necessary for us to come to a definite finding on this question, because even if it be as sumed that it

has not been established that the petitioner had last resided prior to those proceedings with his wife within the jurisdiction of 24-Parganas, the final

order which the Magistrate has made u/s 488, Criminal P.C., would not be vitiated simply for that reason. In our opinion Section 531, Criminal

P.C., should apply to the case and the order which the learned; Magistrate passed u/s 488, Criminal P.C., would not be vitiated; merely because

the proceedings were held in a wrong District. It has been urged on behalf of the petitioner that Section 530(n), Criminal P.C., would apply to the

case and, therefore, the proceedings should be held to be void. We are unable to agree in this contention, because the Magistrate who dealt with

these proceedings undoubtedly was empowered by law to deal with the application for maintenance u/s 488, Criminal P.C.

In this view of the matter we are of opinion that there is no substance in this Rule and that it should be discharged.