s>' :<1: UIQU COURT OF CHHATTISGARH. BILASPUR CriminallWsQeUaneou&BetitioitNflCf?8<i|2003'' PETITIONERS: 1. Suntl Kumar Smgh, S/o Rajkunrar Singh, aged about ^ years, 2. , Rajkumar, S/o Dashrath Sirgh, aged about 50 years, 3.' Vimla Devi Smgh, W/o Rajkumar Slng, aged about48 yeare, 4. Ku. Renu Singh, D/o Rajtaanar Singh, agedabout 24 years. All restelents of Friencte Colony, Itawa RESPONDENTS: \, Nfersus i, . ; 1. Distnct Magistrate, Ralpur, through Polfce Station Mahila Thana, Raipyr (C.G.) 2. Smt. Laxmi Devi Stngh, W/o Sunil Kumar Singh, R/o Narmada Vihar CotCTiy, Ram Avatar Singh House, Station Ward, Raipur (C.G.) {Criminat miscellaneous petitton undff- SNetion 482 ofthe Codeof Oriminat ProGedureJST^ Present: Mre. Fouzia Mirza, counsel foFthepetitloners. Mr. R.R. Sinha, fane) Lawyei-forthe State/respondent No.1. Mr. P.P. Sahu,counselforrespo<identNo.2. Sim*teBench:Hoii'WeMr;T.P.Staanna.^ ORALORDER (PassedOn12ibSepterrrt)er.2008) 1. This petition is for quashment of criminat proceedhig pending before the Court of? Judieiat Magistrate, First Class, Raipur in CrimiRal Case No.3400006 for offence (xiiiishabte uncteF Section 498-A read with &ection 34 ofthe t.P.C.on the ground tfiat the all^ed haffiissinent and torture has been caused at ttsnwa (U.P.) and Gwalior (M.R.), but not at the ptace withln the jurisdictton of Raipur, therefore, th? proceeeiing ,,^ ^^^"'T^ ^^^^^^^•"^ '•^^^.c^\:^^^-^v^-^7^j^:^^'^- ^^.oAi gi'',^»«!t ^s^ 2 pending before the Court of Judieiat Magistrsrte, First Gtass, Raipur Is abuse oftheptoce^oflaw. 2. I have heard leamect counsel forthe partles andperused ttw eopyof chargesheet. 3. Statement of complainant lawnl Singh reveats that ttie petitiotwre used to torture and harass the complaihant and they used to beat her at Itawa (U.P.5. One day, when stre was talking with her parents on tetq)hone from ttawato Raipur.thetelephonewassnatchedbypetittonersNo.l & 2 and they tdd to the mott^r of the comptaireint ttet they have already toldtothecomplainantt6comewN:hRs.41akhsforeducaUon,Rs.21d<hs for employment, one four wheeler vehicte, mobile phone & goM, but she is not doing so. Same thing has been stated by the mother of the complainant namely, Smt. Saraswatl De^ in te' statement. This shows that the offenee punishable under Section 498-A of fte I.P.G., in this case, is continulng in nature and part of cause of actton arose at the place whfoh is under the junsdiction of Raipur. 4. Whifedeatlngwiththeprcmstoreofsub-section(G)ofSeotion 178ofthe Code of Criminal Procedure, 1973, the Apex Court has held in the case of Sujata Mukherjee ^mt.) v. Prashant Kumar Mukherjee1 that in case 6f cmelty on the ground of demand of dowry if the offences are , continuing in nature, then it may be tried by the Court having jurisdtetion where part of case of action arose in terms of sub-seetton (c) of Section 178 of the C«de. Para 7 ofthe above judgment reads as under:- "Despite servfee being effected on the private respondents, no one has appeared for any of the accused respondents. We tove taken hrto (X)nsideafion 'AIR 1997 SC 2465 -^. Soma the Gomplaint filed by theappellant and^ it appears to us that the complahit reveals a cortttnulng offence of mattreatmerrt anel hunnUiation meted otrt to the appellant in the hands of all theaecused respondents and in such continuing offenc%, on some occasions aH ttie respondents had laken apart and on other occasion, one of the resgpndents has taken part.—Theref<M%, clause (c) of Section 178 of the Code of Criminal Procedure (s ctearlyattraeted. We, therefore, set aslde the impugned order of the High Cpurt and dipect the leamed Chief ^udteial Magistrate, RaifMir fo proceed writh the/criminahease. Since the matter is pendlng fbr long, steps5houkt.be taken toexpedite the hearing. The appeals are aecopdingly aUowed." 5. Therefore, looking to the fads and eircum^ances of the case, brth the Courts have juFisdiGtion and pToceeding pending befere the Raipur Court would not be the abuse of the process of law. 6. Consequently, the petition is liabte to be dismlssed and it is hereby dismissed. .-Sd/- • T.P.Sharma Judge .<' •^..{ a ^!1 i'"a 'J. .--i.-