SAUMYA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners have preferred this criminal revision for quashing the criminal proceeding being G.R. Case No. 1506 of 2009 arising out of Siliguri Police Station Case No. 487 of 2009 dated 13th October, 2009 under Section 498A of the Indian Penal Code pending before the Court of learned Judicial Magistrate, 1st Court, Siliguri.

(2.) IT appears from the materials on record that the opposite party no.2 gave written information before the Inspector -in -Charge of Siliguri Police Station on 13th October, 2009, which was treated as Siliguri Police Station Case No. 487 of 2009 dated 13th October, 2009. The police investigated the case and submitted charge sheet against the petitioners on 30th March, 2010 under Section 498A of the Indian Penal Code. The petitioners have challenged the said criminal proceeding on the ground that learned Magistrate at Siliguri does not have territorial jurisdiction to try the said case.

(3.) MR . Pushpal Satpathi, learned counsel for the petitioners submits that the facts constituting the offence reflected in the written complaint treated as FIR occurred within the territorial jurisdiction of Barrackpore and as such, learned Magistrate at Siliguri cannot try the case due to specific bar under Section 177 of the Code of Criminal Procedure, 1973. Mr. Satpathi has relied on the case of "Y. Abraham Ajith and Ors V. Inspector of Police, Chennai and Anr.", 2004 8 SCC 100 and in the case of "Bhura Ram and Ors. V. State of Rajasthan and Anr.", 2008 11 SCC 103 and in the case of "Sri Binod Kumar Sil and Ors. V. The State of West Bengal and Anr.",2010 1 CCrLR 595 to impress upon this Court that the proceeding may be quashed because learned Magistrate at Siliguri does not have territorial jurisdiction to try the case.