A HDESAI AND Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a revision petition file by Petitioners 1 and 2, who are accused 5 and 6 respectively in C. C. No.1752 of 1953 on the file of the City Magistrate, Mysore, praying that the charges framed against them under Section 120-B and 420, I.P.C. may be quashed, on the ground that the City Magistrate, Mysore, has no territorial; jurisdiction to try them and that the evidence-adduced in the case does not warrant a charge-being framed against them.

(2.) The charges framed against A-5 and A-6 i.e., the Petitioners in this case, are under Sections 120-B and 420, I.P.C. According to the charges framed, these accused along with four others, criminally conspired together at Bombay and Mysore between 21-5-1952 and 11-6-1952 with the common intention of cheating p. W. 2 and that in furtherance of that common intention they dishonestly induced P. W. 2 to go to Bombay and made him part with a sum of Rs. 15,992/- after making him believe that a loan of Rs. 4,00,000/-would be granted to him, all along knowing full well that no such loan would be granted.

(3.) The contention urged on the side of the Petitioners is that they are residents of Bombay, that they are not parties to the offence of conspiracy under Section 120-B, I. p. c. which is alleged to have taken place in Mysore, that the offence of alleged cheating has admittedly taken place in Bombay and that under these circumstances the Courts in Mysore have no territorial jurisdiction to try these petitioners. Section 177, Cr. P.C. was relied on in support of this contention. As against this contention the learned Assistant Advocate-General agreed that the alleged conspiracy commenced in Mysore and was completed in Bombay, that the offence under Section 420, I.P.C. took place in pursuance of the conspiracy mentioned above and that, there-tore, the Court of the City Magistrate, Mysore, had jurisdiction, and reliance was placed on Section 182 Criminal P.C.