HIGH COURT OF CHHATTISGARH AT BILASPUR PBTITIQNBR RESPONDENTS CR.M.P. No.381/2009 Tameshwar Sahu, aged about 28 years, son of Shri Tejrain. Sahu, R/o Gatapara, PoUce Chowki-Bhalchara, PoUce Station -Dhamtari, Distt. Dhamtari(CG). VERSUS 1. 2. State of Chhattisgarh, fhrough fhe Maaila Thaaa, Distt. Durg (CG). Sm.t Nisha Sahu, W/o Taiiieshwar Sahu, aged about 26, R/o Bharoda, 49C, Rishali Sector-BhUai, Distt. Durg (CG.). 3. 4. PETITION UNDBR SBCTION 482 OF THB CMMINAL PROCEDURE CODE^l973. (SB :Hon?ble Mr. T.P.Sharma, J.) Present:- Ms. S. Khan, Advocate for the petitioner. Shri Akhil Mishra, Dy. G.A. for the State/respondexit N0.1. ORAL-ORDBR (Passed oa 11/11/2009) By tiiis petition under Section 482 of the Code of CriBiiiial Procedure, 1973 (m. short the Code) petitioner has prayed for quashmexit of the order fraaiiag charge dated 16/8/07 passed by fhe Judicial Magistrate First Class, Durg ia crimmal Case N0. 1477/2005 on fhe ground that Judicial Magistrate First Class, Durg is aot haviag junsdiction to try tiie offeiices. Leaiiied counsel for tlie petitioner Ms. S. Khaii aiid leaj-iied counsel for fhe State/respondent No. 1 Shri AkhU Mishra, Dy G,A. are heard. Copy ofthe charge sheet aad order isiipugned perused. Brief facts necessaiy for tliis case are, accordiag to flie charge sheet, orcler impugned and copy of fhe charge franied agaiast fhe petitioner, petitioner itianied with respondent N0. 2 and after inarriage respondent N0. 2 was residiag with petitioner at village Gatapar Distiict Dhaxatari where petitioner comniitted torture and cinelty upon fhe rcspondent No. 2 report was lodged -^- b? 7: 8. offence was investigated aad finatly charge sheet was filed before fhe Court sitiiated at Durg after hearing fh.e parties court below has framed the charge of the offence puuishable under Section 498 A of the Indiaa Penal Code against the petitioner. Leanied counsel for flie petitioner vehemently argued that it is even clear from fhe charge fhat petitioner has committed cruelty upon the respondent No. 2 at viUage Gatapai' Police Station Bhakhara Distdct Dhamtaii aad not wifhni the territorial jurisdiction of fhe Coiirt situated at Durg the present case offence is not contmuuig ia nature aad no part ofcause ofaction arose witliia flie terdtorial jurisdiction of fhe Court situated at Durg. Copy of fhe charge sheet reveals fhat entire cause of action arose wifhia fhe tetirotial jurisdiction of fhe Court situated at Dhamtad tiierefore contmuao.ee of crmitn.al proceediag before tiie Judicial Magistrate First Class, Durg would abuse ofthe process ofthe Court, On fhe ofher haad, leanied counsel for fhe State/respondent N0. 1 siippoited fhe order and ^ubiaits that parties are tried to resolve tiieir probleni at Diirg fherefore Coilrt situated at Durg is also corapetent to tiy fhe offence. In accordaace with fhe Section 177 of fhe Code evenr offence shall ordinarily be tiied by a couil within whose local jurisdiction it was committed but accordmg to Clause ( C) & (D) of Section 178 of fhe Code tf offence is contiiiuiiig in. nature or cousists of several act done in. different local areas, tiian. fhe Court withia whose jurisdiction aiiy part of fhe cause ofaction arose is also conipetent to try Uie ofience. Sections 177 aiid 178 offhe Code reads as under:- 177» Ordinexrfi place of inejuiru cuw trlal- Every offence shcdl ordinarily be nzquired into and tried by a Court zmthin whose looaljurisdiciion U was cjommitted. -J 178. Place Qfinquiryi ar trial-(a) When it is uncenain in whidz of several local areas an offen<^ was committed, or (b) luhere an offenc^ is committed partly in one local area and partly in another, or ©where an offenoe is a continuing one, and continues io be committed in more local areas ttzan one, or (d) where it consists of several acts done in drfferent local areas, ii may be inquired into or tried by a Court having jurisdiction over any ofsuch locxil areas. 9. In fhe present case accordiag to the contaitis offhe charge sheet contams of charge framed by fhe Court below fhe present petitioner has coiainitted cnielty aad tortiire at viUage Gatapar PoUce Statiou Bhakhara Distdct Dhaintari aiid not wifhia tlie jurisdiction of Court sitaated at Durg therefore aay criiniiial proceediag pendiag before fhe Judicial Magistrate First Class, Durg would amount to abuse of tiie process of tlie Cozirt. 10. Cousequenfly, fhe criinitial case pendiag before fhe Judicial Magistrate First Class, Durg m crimiaal case No, 1477/2005 is hereby tran.sferred to the Court of Chief Judicial Magistrate, Dhaxntaii. Chief Judicial Magistrate, Dhamtari is directed to try fhe same or traasferred/raade over to otlier Courts of Judicial Magistrate First Class haviag jurisdiction to tiy fhe offence, petition is disposed of accordiiigly. Copy of fhe order be sent to tlie Court ofJudicial Magistoi'ate First Class, Durg and Chief Judicial Ma^istrate, Dhamtad. Petitioner is directed to appear before fhe Chief Judicial Magistrate, Dhamtarion 11/1/2010. Sd/- T.P. Sharma Judge ^