GEETA TIWARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners challenging the territorial jurisdiction of the Court of learned S.D.J.M., Sambalpur has filed the CRLMC U/S. 482 Cr.P.C. by praying to quash the order taking cognizance of offences and consequently, the criminal proceeding in G.R. Case No. 867 of 2013 pending in that Court.

(2.) Ms. Deepali Mohapatra, learned counsel for the Petitioners submits that all the allegations stated in the FIR had taken place at a far off place at Dhanbad in the State of Bihar and thereby, entertaining an FIR at Sambalpur on the aforestated allegation of torture at Dhanbad amounts to an abuse of process of Court for want of jurisdiction. She by relying upon the decisions in the case of Manish Ratan and others Vrs. State of M.P. and another;2007(1) OLR(SC) 528 and Manoj Kumar Sharma and others Vrs. State of Chhattisgarh and another; (2016) 9 SCC 1 prays to quash order taking cognizance of offences as well as the criminal proceeding against the Petitioners.

(3.) In reply, Mr. S.S. Pradhan, learned A.G.A. by relying upon the decision in the case of Rupali Devi Vs. State of Uttar Pradesh and others;(2019) 5 SCC 384 submits that since the allegation of torture on the petitioners at Dhanbad has a consequence of mental torture at Sambalpur, entertaining such FIR at Sambalpur cannot be considered to be without jurisdiction and, thereby, the CRLMC being unmerited needs to be dismissed.