SHAKUNTALA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the quashment of the proceedings filed in the Court of Chief Judicial Magistrate, Chhatarpur by respondent under Section 498-A/34, IPC and under Section 3/4 of the Dowry prohibition Act, 1961, being lack of territorial jurisdiction.

(2.) THE complainant lodged a report at police station civil lines, chhatarpur and on the basis of the allegations made therein a case under section 498-A read with Section 3/4 of the Dowry Prohibition Act has been registered against the present petitioners. The investigating agency, after the investigation filed the charge-sheet in the Court of C. J. M. at Chhatarpur. The petitioners thus filed this petition under Section 482 of the Code of Criminal procedure (hereinafter referred to as 'the Code') complaining that C. J. M. Chhatarpur is not having any jurisdiction to entertain the charge-sheet even if the allegations contained in the FIR are accepted in to to. According to learned counsel, no part of the cause of action arose within the territorial jurisdiction of Chhatarpur.

(3.) ON the other hand, it has been contended by Smt. Sushila Paliwal, learned Govt. Advocate that C. J. M. Chhatarpur is having territorial jurisdiction. In support of her contention she has placed reliance on the decision of the Apex court State of Madhya Pradesh Vs. Suresh Kaushal and another, 2001 AIR SCW 4587.