AJARA KHATOON Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ramesh Rai, learned counsel for the petitioners and learned A.G.A.

(2.) The accused petitioners have preferred this Criminal Misc. Writ Petition under Article 226 of the Constitution of India to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1.12.2011 passed by the Special Judge (Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), Court No. 3, Deoria in Criminal Revision No. 263 of 2010-Smt. Ajara Khatoon and others Vs. State of U.P. and others, and order dated 3.10.2007 passed by the Additional Chief Judicial Magistrate, Court No. 19, Deoria in Criminal Case No. 2063 of 2007-State Vs. Suhail Ahmad and also to issue a writ, order or direction in the nature of mandamus commanding the court below to pass a fresh order on the application of the petitioners under Section 179 Cr.P.C. and quash the entire proceedings pending against the petitioners arising out of case crime No. C-1 of 2006, under Sections 498A, 323, 504, 506, 354 and 495 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Salempur, District Deoria.

(3.) The four petitioners namely Smt. Ajara Khatoon, allegedly first wife of the petitioner Suhail Ahmad, Smt. Rizwana, Abdul Kayum and Suhail Ahmad who is husband of the respondent no. 2 Shahnaz, have filed this writ petition for quashing the aforesaid impugned orders dated 1.12.2011 and 3.10.2007 on the ground that from the allegations made in the application under Section 156(3) Cr.P.C. by the complainant, the alleged offences are said to have taken place within local limits of district Mau and only the concerned court situated within the local limits of District Mau has territorial jurisdiction to try the said offences alleged against the petitioners and since the place of occurrence as mentioned in the said application is Sasural of the complainant namely within the local limits of District Mau, has jurisdiction to try the offence and the impugned orders stated above are wholly illegal, erroneous and not sustainable in the eye of law because no cause of action has ever taken place within the local limits of District Deoria. On this ground, it has further been contended since the charge sheet has been filed by an authority which has no jurisdiction to submit the same within the concerned court situated within local limits of District Deoria, the court situated in District Deoria has no jurisdiction to take cognizance or to proceed with the case on the basis of charge sheet submitted against the petitioners and others.