RAJENDRA PRASAD ARORA Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The controversy in these proceedings under Section 482, Cr. P. C. is whether jurisdiction for trial of the offences under Sections 498-A and 307 of Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act lies at Meerut or Delhi.

(2.) THE case at present is being tried at Meerut.

(3.) THE First Information Report of the case states that the demand of dowry from the side of the husband petitioner was made twice at Meerut first when the petitioners came to Meerut to the house of the wife's father and again when they came to participate in the marriage of the daughter of wife's brother. It is well-settled that jurisdiction is determined on the basis of complaint or F. I. R. Since it is mentioned in the First Information Report that the demand of dowry was made in Meerut twice as mentioned above the jurisdiction will prima-facie lie at Meerut. It was argued by the Counsel for the applicants-accused that the F. I. R. mentions that the wife was subjected to harassment at Delhi and the two aforesaid instances of demand of dowry are subsequent to the same and since the first offence was committed at Delhi and the offence under Section 307, I. P. C. was also committed at Delhi as motioned in the Fist Information Report, the jurisdiction will lie at Delhi. Every new incident which constitutes an offence furnishes a new cause of action and the jurisdiction for the same will lie where it was committed. If an offence for demand of dowry was committed in Meerut as alleged in the First Information Report it was a fresh offence for which Meerut Court will have jurisdiction and for which accused can be proceeded against at Meerut. In such cases, it is the option of the complainant where he chooses to proceed. This proposition finds support from Section 178, Cr. P. C. , which is as follows: "178. Place of inquiry or Trial.- (a) When it is uncertain in which of several local areas an offence was committed, or (b) where an offence is committed partly in one local area and partly in another, or (c) where an offence is a continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local area, it may be inquired into or tried by a Court having jurisdiction over any of Such local areas. "