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2006 (11) TMI 712 - SC - Indian Laws

Issues involved:
Application of Sections 177 and 178 of Code of Criminal Procedure (Code) in determining jurisdiction of the Court.

Details of the judgment:

Issue 1: Jurisdiction of the Court based on continuing offence
- The case involved a dispute where the complaint alleged ill-treatment and dowry demands by the appellants.
- The High Court dismissed the criminal revision application, stating that the offence being a continuing one, the Datia Court had jurisdiction.
- The High Court's decision was based on distinguishing a previous case and interpreting the term "continuing offence."
- The Supreme Court analyzed the provisions of Sections 177 and 178 of the Code to determine jurisdiction.
- The Court referred to previous judgments to define a continuing offence as one that persists until the rule is obeyed or complied with.
- It was emphasized that the offence cannot be considered continuing solely because the complainant left her matrimonial home.

Issue 2: Interpretation of "ordinarily" in Section 177 and 178 of the Code
- The Court discussed the term "ordinarily" in Section 177 and 178, which determines the local jurisdiction of the Court.
- Section 178 allows for inquiry or trial in multiple local areas in cases of uncertainty or continuing offences.
- Previous judgments were cited to explain the application of Clause (c) of Section 178 in cases of continuing offences.
- The Court differentiated cases where the offence was committed in different local areas and where it was a continuing offence.

Conclusion:
- The Supreme Court set aside the High Court's order and directed the transfer of the criminal case to the Court of Chief Judicial Magistrate, Jabalpur.
- The Court also directed the Chief Judicial Magistrate, Jabalpur to issue notice to the complainant and accommodate her in the hearing dates.
- The appeal was allowed with the specified directions to ensure justice and proper jurisdiction in the case.

 

 

 

 

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