(^\ HIGH COURT OF CHHATTISGARH. BILASPUR Cr.M.P. No. 150 of 2009 APPUCANTS 1. Butul Bi W/o. Saiyad Nizaaa Ali, aged about 65 years, NON-APPLICANT 2. Saiyad Nizam Ali, s/o Badruddin, aged about 70 years, 3. Saiyad Farukh AU, s/o Saiyad Nizam Ali, aged about 45 yeai's, 4. Saiyad Harun Ali, s/o Nizam Ali, aged about 47 years, 5. Saiyad Maksud Ali, s/o Saiyad Nizam Ali, aged about 39 years 6. Saiyad Sazid Ali, s/o Saiyad Nizam Ali, aged about'35 years, AU are R/o. Mohalla Hafhikhana, Aliganj (U.P). Presentiy R/o. Rafi Ahmad, Kidwai Road, Badala, Building No.5, Room No.7, Mumbai (Maharashtra). Veraus State of Chhattisgarh, thi'ough fhe District Magistrate, Durg, Distt Durg PBTITION U/S 482 OF THE CODB OF CRIMINAL PRQCEDURE Appearance : Shri Saui'abh Daagi, counsel for ttie applieaats. Shri R. R. Sinha, Paiiel Lawyer, for the State. ORAL ORDBR 123.03.20091 \ SUNIL KUMAR SINHA^J. \ Heard. ^^-^^^^^ i^N^,.^ ~..^ Cr.M.P.No. 150/2009 It appears fhat on a report inade by fhe coinplaiaant to the concemed poUce station, a charge sheet was filed against the petitioners in. fhe Court of Judicial Magistrate First Class, Durg, vide Criminal Case No.397/2008. Durmg fhe com'se oftrial, tlie petitioners/accused persons filed an appUcation u/s 177 Cr.P.C. for quashing of the proceedmgs before ttie tdal Court showmg fhat siiice no part of cause of action arose ia the territorial jurisdiction of Durg Court, fherefore, tlie said Court will have no jurisdiction to entei-tam such a charge sheet. The learaed Magistrate dismissed the said appUcation holdiag that accordiag to fhe First Information Report, a part of cause of action arose ia fhe terdtorial jurisdiction of Durg Court, tlierefore, fhe Court of Judicial Magistrate First Class, Durg shall have jurisdictiou to entertain the charge sheet. Agamst tiie said order passed by fhe Magistrate on 19.6.2008, a Ciloiin.al Revision was filed by the petitioner before fhe IX AddL Sessions Judge (FTC), Durg, who also took the saine view aad disnussed the afbresaid revision vide impugned order dated 08.12.2008. Shri Daagi, argues that siace nothiag has happened in flie temtorial jurisdiction of Durg Court, the Court at Durg would have no jurisdiction to entertaia fhe charge sheet. I have heard learaed counsel for fhe parties at lengtfa aad have also penised fhe records of fhe Crimiaal Misc. Petition. After perusal of tlie contents of First Information Report, it would be clear fhat a pail of cause of action has arisen ia fhe territorial jiirisdiction of Durg Court, therefore, fhe Court of Magistrate at Durg shall have junsdiction to entertam fhe charge sheet. -' Cr.M.P.No. 150/2009 Chapter XIII of flie Code of Criininal Procedure provides for junsdiction of fhe Criiauial Coiirts ia iaquuies aad trials. Section 177 provides for ordiaary place of enquiry and tdal. It has been provided fhat every offence shall ordiaarily be inquired into aad tded by a Court wifhin whose local jurisdiction it was coniinitted. Section 178 provides for place of iaquiiy or tdal ia relation to tlie offences when it is uncertam ia which of several local areas an offence was comraitted, or where aa offence is comiaitted partiy ia one local area aad partly in aaofher, or where aa offence is a continuuig one, aad continues to be corainitted ia inore local areas fhan one, or where it consists of several acts done ia different local areas. It has been provided tliat in. all such cases fhe offence raay be inquired iiito or toded by a Court having jurisdiction over any of such local ai'eas. Therefore, a conjoiat readuig of fliese two sections would show fliat the rule laid down by section 177 is one of fhe general appUcations aiid govems all crimiaal tdals held under the provisions of Uie Code, subject to the exceptions elsewhere provided ia fhe Code, Whereas Section 178 govenis tiie exceptions as are provided fh.ereia. In view of fhe above, I do not find any reason to eutertam this petition. The petition has no inent, fhe sanie is liable to be and is accordiagly disinissed at the niotion stage, itself. Sd/- Sunil Kumar Sinha Judge /Rao/