LAWS(ALL)-1998-10-21

PRABHAT RANJAN PANDEY Vs. STATE OF U P

Decided On October 13, 1998
PRABHAT RANJAN PANDEY Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) K. D. Shah, J. Vide order dated 17-10-1997 Hon'ble Mr. Justice R. N. Ray had referred this matter to a large Bench for deciding the question of jurisdiction in the matter of cases falling under Section 498-AJPC.

(2.) ALTHOUGH the precise question has not been formulated by the learned Single Judge but the question of law, which is apparent from his observations, is:- "whether a compliant under Section 498-A, IPC can be filed at the place where the cause of action arose or where the complainant resided. "

(3.) THE learned Single Judge has not referred the provision of Section 179, Cr. P. C. which is also of great importance in the matter of trials or an offence under Section 498-A, IPC. Section 179, Cr. P. C. runs as under: , S. 179 "offence triable where act is done or consequence ensues.-When an act is an offe nce by reason on anything which has been done and of a consequence which was ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. "