SANJAY SAWAIE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the order-dated 03.01.2006 passed by the Special J.M., Tehri Garhwal and to quash the proceedings in Case No.473/2005, Smt. Shikha Vs. Sanjay Sawai & others.

(2.) HEARD learned counsel for the parties and perused the material on record. No one appears for respondent no.2, though the service is sufficient and power has also been filed by Mr. Vipul Painuli, Advocate.

(3.) I am in complete agreement with the arguments advanced by the learned counsel for the petitioner that no cause of action arose in State of Uttarakhand. Whatever the allegations were made in the complaint or in the statements recorded u/s 200 or 202 Cr.P.C., they were relating with a demand made at Delhi at the house of petitioner no.1. There is no demand or harassment whether physical or mental, as committed by the petitioners to the respondent no.2 within the territorial jurisdiction of State of Uttarakhand. Hence, as per Sections 177 and 178 Cr.P.C., this complaint is not maintainable in the State of Uttarakhand, as no cause of action arise in this State.