GABBAR SINGH RAWAT S/O SRI SHANKAR SINGH RAWAT, Vs. STATE OF UTTARANCHAL AND SMT. NEEMA RAWAT W/O SRI VIPIN SINGH RAWAT D/O KUNDAN SINGH GOSAIN

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) the petitioners have sought quashing of the proceedings of criminal case No. 1388 of 2005, State v. Gabbar Singh Rawat and Ors., relating to offences punishable under Section 498A I.P.C. and one punishable under Section ¾ Dowry Prohibition Act, 1961, pending in the court of Judicial Magistrate, Kashipur.

(2.) HEARD learned Counsel for the parties and perused the affidavit and counter affidavit.

(3.) LEARNED Counsel for the petitioners submitted that the entire cause of action has arisen within the territorial limits of District Pauri Garhwal, and the court at Kashipur has no jurisdiction in the matter. Having gone through the statements of witnesses, recorded under Section 161 Cr.P.C., and other papers on record, including the First Information Report, it appears to be true that the entire cause of action in this matter has arisen within the territorial limits of Judicial Magistrate, Kotdwar, and no part of cause of action has arisen within the territorial limits of Judicial Magistrate, Kashipur. Therefore, following the principle of law, laid down in Manish Ratan and Ors. v. State of M.P. and Anr. : (2007) 1 Supreme Court Cases 262, this Court by exercising its power under Section 482 Cr.P.C. read with Section 407 Cr.P.C., feels it just and proper to transfer the impugned trial to the court of Judicial Magistrate, at Kotdwar.