LAWS(UTN)-2010-6-348

SHAHID HUSSAIN S/O SRI AMIR HUSSAIN AND SMT. ANISHA W/O SRI AMIR HUSSAIN Vs. STATE OF UTTARAKHAND AND SMT. SHAHIN W/O SRI SHAHID HUSSAIN D/O SRI RAFEEQ AHMAD

Decided On June 24, 2010
Shahid Hussain S/O Sri Amir Hussain And Smt. Anisha W/O Sri Amir Hussain Appellant
V/S
State Of Uttarakhand And Smt. Shahin W/O Sri Shahid Hussain D/O Sri Rafeeq Ahmad Respondents

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 88 of 2007 Smt. Shahin v. Shahid Hussain and Ors. relating to offences punishable under Section 498 -A, 506 of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Bageshwar.

(2.) HEARD learned Counsel for the parties and perused the papers on record.

(3.) LEARNED Counsel for the petitioners drew attention of this Court to the principle of law laid down in Bhura Ram and Ors. v. State of Rajasthan and Anr. : 2008 Crl. L.J. 3494 and Dr. Sarojini Arawattigi v. State of U.P. and Ors. : 2008 Crl. L.J. 126 and it is argued that the court at Bageshwar has no territorial jurisdiction as the incident of harassment is said to have taken place in Sherkot (District Bijnor, U.P.).