HIGH COURT OF CHHATTISGARH AT BILASPUR Cr. M.P. NO. 05/2008 This petition is directed against the order dated 22/11/2006 passed by the Judicial Magistrate First Class, Durg in criminal case No. 24/2004 whereby learned Judicial Magistrate First Class, Durg has rejected the application filed on behalf of the applicants under Section 177 of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘the code’) on the ground that offence of Section 498—A read with Section 34 of the Indian Penal Code is continuing in nature. 2. Shri Goutam Khetrapal, Advocate for the petitioners/applicants and Ms. Sangeeta Mishra, P.L. for the State/respondent NO. 1 are heard. 3. Learned counsel for the applicants submits that Padma Bai, wife of m applicant N0. 1—Suresh Kumar has lodged the report against the PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE (SB :Hon’ble Mr. T.P.Sharma, J.) Present Shri Goutam Khetrapal, Advocate for the petitioners/ applicants. Ms. Sangeeta Mishra, PLL. for the State/respondent NO. 1. Notice served, but no one appears on behalf of the respondent No.2. ORAL- ORDER (Passed on 26/09/2008) wvi= (“a {I ? “CODE,1973. PETITIONERS ‘ 1. Suresh Kumar S/o Shri Samund, aged i ~ about 23 years. ‘ g Shri Samund, son of late Akrit, aged about 60 years . 3. _ Smt.‘Samuda Bai, Wife of Samund, aged about 50 years‘ P.S. A11 resident of village Damari, Khairagarh, Distric Rajnandgaon (C.G.). , VERSUS 5 RESPONDENTS 1. State of Chhattisgarh Through Police ‘ Station mahila Thana Durg (C.G.). 2. Srnt. Padma Bai W/o Suresh Kumaar, Aged about 22 years, R/o Surdung, P.S. Bhilai, District Durg (C.G.). E3 z i ' appllcants that they have comrmtted cruelty upon her at her matrimonial place i.e. Tahsil Khalragarh Dlstr1ct Rajnandgaon She has lodged the : l i report at Durg She has also stated same thmg m her statement recorded f under Sect10n 161 of the Code Copy of the charge sheet dlscloses that apphcants have comrmtted offence pumshable under Sect10n 498 A read with Section 34 of the‘Indian Penal Code within the territorial jurisdict10n of the Court situated at Khairagarh District Rajnandgaon and not within the territorial jurisdiction of the Court situated at Durg but she has lodged re report at Durg. The trial against the applicants is pending before the District Court Durg, is Without jurisdiction. The continuance of proceeding \ " ' would amount to abuserof the process of the Court. iv ‘\ continuin tion 1 17 of the Code. 4. Learned counsel for the applicants has placed reliance in the matter of Bhura Ram and Othes v. State of Rajasthan and anotherlz _ reported in 2008M) M.P.H.T. 15 ISC) in which it has held by the Apex Court that offence punishable under Section 498-A of the IPC is not g offence in nature and it can be tried by the having territorial Lunsdlchon to try the case 1n accordance w1th Sec "_5’ On the other hands, learned counsel for the State opposed the application and submits that the offence whether is continuing in nature or not continuing in nature is a question of fact and it can be decided on the basis of fact. 6 In the present case the copy of charge sheet discloses that ntire offence have been committed within the jurisdiction of Khairagarh District Rajnandgaon and no part of cause of action was arose within the tant case in absence of any part of cause of within the jurisdiction of the Court situated at Durg, the ’ I x l 1 l i l l l l l l l l J l Jurisdiction of Durg. In the ins ; action arose __#__4__’——— r j ‘2008(4) M.P.H.T. 15 (so) a i //’“ .._.x-‘ ' ‘ try such case and gn ourt situated at Durg is not competent to proceeding or criminal case pending before the Court situated at Durg would amount to abuse of the process of the Court. petition is allowed. The criminal case No. I 7. Consequently, the 24/2004 pending before the Court of Judicial Magistrate First Class, Durg is hereby transferred to the Court of Rajnandgaon. The Chief Judicial Magistrate, Rajnandgaon may try the " case by itself . or transfer 1t . to any Court hav1ng . Jurisdiction . . . . over the case hin the territorial jurisdiction of the Rajnandgaon District. Parties are directed to appear before the Chief Judicial Magistrate, Rajnandgaon on cial Magistrate First Chief Judicial Magistrate, 16/10/2008. Copy of the order be sent to the Judi Class, Durg and Chief Judicial Magistrate, Rajnandgaon. y C w 1, _ t