1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 71 OF 2008 Zahir Usman Seth & Anr. ... ... Petitioners. Versus The State of Maharashtra & Ors... Respondents. Mr. E. A. Sasi for the Petitioners. Ms. A. S. Pai, APP for the Respondents. CORAM : BILAL NAZKI and S. A. BOBDE, JJ. DATED : 21ST JANUARY, 2008. P.C.: The petitioner has filed this petition inter alia seeking for quashing of F.I.R. No. 418 of 2007 registered by Matunga Police Station. The complainant is the wife of the petitioner and the second petitioner is the mother of the first petitioner. It is submitted that the F.I.R. does not disclose any offence under Section 498A of the Indian Penal Code. He has also submitted that even if an offence is disclosed, it is not triable in the State of Maharashtra as the offences have taken place in the State of Tamil Nadu. 2. We have gone through the statement of the complainant recorded by the police, at the time of registering F.I.R. There are allegations against 2 both the accused, which prima facie constitute the offences under Section 498A of the Indian Penal Code, which according to the petitioners, are not triable in the State of Maharashtra. Part of the offence is committed in Tamil Nadu and part in Mumbai. As such on both these grounds, at the investigation stage, it will not be proper for this court to quash the F.I.R. The petition is misconceived and as such is dismissed. 3. It is made clear that the dismissal of this petition will not come in the way of the petitioner to move an appropriate application for grant of bail, anticipatory or regular, which, if filed, may be decided by the trial court on its own merits. Sd/- (BILAL NAZKI, J.) Sd/- (S. A. BOBDE, J.)