VAKIL KAPOOR Vs. STATE OF C G

JUDGEMENT

(1.) THE Petitioners (7 accused persons in Criminal Case No. 1091/2004) have called in question the legality and validity of the order dated 19.10.2005 passed in Criminal Revision No. 43/2005 by the Sessions Judge, Korba, Distt. Korba (C.G). THE aforesaid criminal revision was filed against the order dated 13.4.2005 passed in Criminal Case No. 1091/2004 by the C.J.M., Korba whereby the C.J.M. had dismissed an application filed by the Petitioners Under Section 177 of the Code of Criminal Procedure praying for return of the charge sheet filed against them Under Section 498-A of the I.P.C. for presentation to the proper Court for want of territorial jurisdiction.

(2.) THE brief facts are that at the instance of Respondent No. 2, wife of Petitioner No. 1, a first information report was lodged in police station, Korba for an offence punishable under Section 498-A of the I.P.C. against the Petitioners on 31.5.2004. THE contents of F.I.R. are that Respondent No. 2 was married to Petitioner No. 1, 3 years prior to lodging of the first information report. She makes allegations that just after 4 months of the marriage, her husband started demanding money from her father and on the pretext of the said demand, she was being treated with cruelty by the husband and other family members and on account of this, they left her in the house of her grand mother in village Godhna, Distt. Janjgir Champa and ultimately on 14th of March 2004, the Petitioners refused to keep her in their family and she was sent back to the house of her parents in village Manikpur, Distt. Korba where she is residing from the said date. It is after all this, the report dated 31.5.2004 was lodged by her in Police Station, Korba, Distt. Korba. On the basis of this report, the investigation commenced and thereafter a charge sheet was filed in the Court of concerned Magistrate at Korba, Distt. Korba (C.G). It appears that after filing of the charge sheet, the Petitioners filed an application Under Section 177 Code of Criminal Procedure raising the point that since the entire cause of action arose in the territorial jurisdiction of Janjgir Champa, therefore, the Court at Korba will have no jurisdiction to entertain this case. A prayer was made that the charge sheet be returned for presentation to the proper court. This application was dismissed by the Magistrate on 13.4.2005 and it was held that the court at Korba is also having jurisdiction to entertain this matter. After the aforesaid order passed by the Magistrate, the criminal revision was filed which was dismissed by the Sessions Judge vide the impugned order dated 19.10.2005 holding that the offence Under Section 498-A of the I.P.C. is a continuing offence, therefore, the Court at Korba shall also have jurisdiction to entertain the aforesaid criminal case. It is after this, the Petitioners have filed the present petition invoking inherent jurisdiction of this Court.

(3.) ON the other hand, learned Counsel for the Respondents argued that the Sessions Judge has rightly taken this view that the offence Under Section 498-A I.P.C. would be a continuing offence and the court at Korba will also have jurisdiction to entertain the case.