KAKOLY BORTHAKUAR Vs. PRAMODKUMAR S/O G BABAR

JUDGEMENT

(1.) BY the present application under Section 482 of Code of Criminal Procedure the applicant has put to challenge the order dated 7.4.2008 passed by the revisional court in Cri. Revi. No.268 of 2007 dismissing the same and confirming the order dated 25.9.2006 issuing process in Criminal Complaint Case No.14782 of 2006 passed by the Magistrate (Court No.6), Nagpur.

(2.) IN support of the application, Mr.Vyas learned counsel for the applicant argued that even according to prosecution the alleged sonography to find the sex of the child in the womb was done at Vashi, Navi Mumbai and the alleged offence is said to have taken place under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003. According to him, merely because the girl child was born at Nagpur where the complainant/wife resided, the appropriate authority-respondent no.1 would not be able to file a complaint in Nagpur court and the appropriate authority at Nagpur ought to have forwarded the said complaint to the appropriate authority at Vashi, Navi Mumbai. He thus argued that the applicant has objection only to the extent of matter being entertained at Nagpur since Court at Nagpur has no territorial jurisdiction over the matter.

(3.) PERUSAL of above section shows that the Appropriate Authority concerned is required to file a complaint. Obviously, this word "concerned" has been deliberately used and the territorial jurisdiction will be decided in accordance with the provisions of Section 177 of Code of Criminal Procedure.