OMPRAKASH SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Section 482 of the Cr.P.C., the petitioners have prayed for quashing of criminal proceedings in Criminal Case No. 965/05 pending in the Court of Judicial Magistrate First Class, Durg arising out of Crime No. 36/05, wherein the petitioners are alleged to have been committed the offence under Sections 498-A & 406 read with Section 34 of the I.P.C.

(2.) Case of the petitioners is that Poonam Soni, wife of petitioner No.1 Omprakash alleged that she was subjected to cruelty in connection with demand of dowry and on a report lodged in Mahila Police Thana, Durg, offence under Section 498-A with Section 34 of I.P.C. has registered against the petitioners. The concerned police of Mahila Thana, Durg conducted investigation arid a charge-sheet has been filed in the Court of Judicial Magistrate First Class Durg.

(3.) Learned counsel for the petitioners argued that as no part of offence is alleged to have been committed within territorial jurisdiction of the Judicial Magistrate First Class, Durg. the conceded Magistrate could not have taken cognizance of the offence on the basis of charge-sheet filed by Mahila Police Thana, Durg. He further submits that the entire investigation conducted by Mahila Police Thana, Durg is without jurisdiction, as in view of the provisions contained in Section 156 (1) of Cr.P.C., the police of Mahalia Police Thana. Durg could not have enquired into the alleged commission of offence on the Court of complainant Poonam Soni as the Magistrate itself did not have territorial jurisdiction to try the offence.