Petitioner HiGH COURT OF CHHATTiSQARH AT B3LASPUR CF.M.P.No.135of2011 Mohd. Javed S/o Hasi ilsyas Meman, aged about 30 years, Wo Risaipara, Tahsi! & District - Dhamta" (C.G;! Versus 1. State of Chhattisgarh, Through - Polics Station Sargipali, Disfrict - Mahasamund (C.G.) 2. Shabana Pan'een W/o Mdid. Jawd Menan, R/o Risaipara, Tahsil & Distrlct -Dhamteri(C.G.) Prsssnt R/o Main Road Wart ?^o.12, Saraipals, Umar Atta Chakkl, Saraspati, Dlstrict - Mahasamund (C.G.) (Petition under Section 482 of the Cr.P.C.) (SB: Hon'bte Mr. T.P. Sharma, J.) Mr.Manoj Paranjape and Mr.Vikram Dixit, counsel for the petitionsr. Mr.Sumset Jhsnwar, Panei Lawyer for respondent No.l/State. ORDER(ORAL) (Passed on 14'" IVIarch, 2011' 1. By ihis petition under Section 482 of ths Code of Griminal Procsdure, 1973 (for short 'Code'), the pstitionsr has chaiisnged iegaiity and propriety of the orcser dated 10.1.2011 passed by the First AddiSiona! Sessions Judge, Mahasamund in Criminai Rsvision No.50/209, affirming the ordsr aatsd 5.10.2009 passad by the Judiciai Msgistrate First Ciass, Sarsipaii in Crimina! Case No.14S/2004, •Afhereby iearned Judicia! Magistrate Firet Ciass has rejsctsd the applicataon for dischargs of ths petitioner on the ground of iaek of territoriai jurisdiGtion. 2. As per order impugned, ordsr of the triai Court and copy of charge sheet, the prssent petitioner, husband of complainant Shabana Parasen, has demanded dowry and committed torturs & crueity upon her a{ Dhamtari and 'sher, she v.'as iiving v/ith hsr parents in her matema! house situate st Saraipali, Sien ths prssent petitioner hss threatsned her by tsiephons from Dhamtari and demanded dowry. OR the aforssaid ground, appiicatioR fited under Section 187 of the Code for discharge of ths pstitioner on the ground of iack of territoriai jurisdiction has been dismissed. i have hsard Isamed counssi for the parties, documents appsnded thersto. peru^d the petition and -2- 4. Lsamed counsel for ihe petitioner submits fhat no part of cause of offence has been committed by accused witbin the terriSoriai jurisdiciion of ihe Court situate at Saraipaii. As psr aiiegation made in fce charge sheet, aot of ths petitionsr may bs triabte within the jurisdiction of the Court siiuate at Dhamtari. 5. Learnsd counsei piaced reliance in ths matter of Y.Abraham Ajitti and others v. inspsctor of Poiice, Chennai and another reported in AIR 2004 SC 428S in Vrtiich the Supreme Court has quashad the criminal proceedings OR frse ground that no part of eause of action arose at ihe placs where ths Court srluate has taken cognizanc®. 6. On the other hand, isarned counsei for respondeni No.l/State opposes ths petition andsubmits that ths present petitioner has committed torturs & crueity and dsmanded dov.Ty by teiephone from Dhamtari to ihe complainart v,'ho \vas residing with her parents at Saraipaii, therefore the Court situate within territoriai jurisdiction is aiso having jurisdiction to try the cass. 7. The Supreme Court has quashed crimins! proceedirig in Y.Abraham Ajith and others (supra) on ths ground that no part of cause of actior, arose st the piace where ths Court situate has taken cognizance. in the pressnt case admtttedly on the basss of aitegation made in ths charge shset ihe present peSioner has threatened his v/ife by teiephone and has dsmanded dowr/, at thatame, the compiainant was residing with her parents at Saraipaii. Thss cleariy shcws that part of cause of action arose wifhin ierriSoriai jurisdictlon of the Court situate at Saraipa!i. Therefors, facts df fte cass of Y.Abraham Ajith arsd others (supra) are distinguishabis to that of the prssent cass. 8. White procseding agsinst the present petitioner the tria! Court has not comntitted any iliegaiiiy. White dismissing revision fiied on behalf of the petiiioner, the revisional Court has aiso not committed any iilegaiity warrantirg intsrfsrence in sxsrcise of sxtraordinary jnherent jurisdiction in terms of Ssction 482 of ths Code. 9. Consequentiy, the petitton is iiabie to be dismissed and it is hsrsby dismissed. Sd/- T.P. Sharma Judge