V NARAYANAN VENKATRAMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a Petition filed by the Petitioner for quashing the F.I.R. in C.R.No.286 of 1987 of Bhosari Police Station, Pune and to set aside the Order dated 21st November 1988 in Criminal Miscellaneous Application No.954 of 1988 on the file of the Additional Sessions Judge, Pune. Heard both the sides.

(2.) THE Petitioner is one of the accused in the C.R. number mentioned above which has been registered by the Bhosari Police Station for offences under Section 408, 420 and 467 read with Section 34 of the Indian Penal Code. THE complaint is lodged by the Head Office which is situated at Pune, but the Petitioner was working at the relevant time as a Circle Manager at Coimbatore. THE Petitioner's grievances are twofold. As far as the first grievance, viz., the condition imposed by the learned Sessions Judge granting the bail is concerned, it may not now survive since chargesheet has been filed and the attendance of the Petitioner in the police station is not necessary. THErefore, the grievance is that the alleged offences are committed at Coimbatore and therefore, the Police at Pune have no territorial jurisdiction to investigate and hence, the F.I.R. may be quashed. At the time of argument it is brought to my notice that after investigation, the police have already filed a chargesheet in the Court of the Judicial Magistrate, First Class, Khadki, Pune on 29.12.1988. In view of the fact that the chargesheet has already been filed, even the prayer for quashing of the F.I.R. may not strictly arise for consideration at this stage.

(3.) AS far as the offence under Section 408 of the Indian Penal Code is concerned, there is no dispute that the chargesheet has to be filed in the Court where the offence of criminal breach of trust has taken place as provided in Section 181 (4) of the Code of Criminal Procedure. The learned Counsel for the Petitioner invited my attention to number of Authorities on the point where it has been held that in the case of an offence of criminal breach of trust, the Court in whose jurisdiction the offence was committed is competent to try the offence. This view has been taken by a Full Bench of this Court in (Vol. 32) 130 B.L.R. 1195 ( Jivandas Sarchand ). The learned Counsel for the Petitioner has also referred to some other authorities on this point and it is not necessary to refer to the same since, the point in dispute is covered by the statutory provision viz., Section 181 (4) of the Code of Criminal Procedure.