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TMI Blog2005 (3) TMI 749X X X X Extracts X X X X X X X X Extracts X X X X ..... Trichy alleging the commission of offences under Sections 498-A and 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Allegations were made in the said complaint against the husband, the in-laws, husband s brother and sister, who were all the petitioners before the High Court and the appellants herein. After registration of the F.I.R. and investigation, the charge-sheet was filed by the Inspector of Police, All Women Police Station, Trichy on 28.12.2001 in the Court of the Judicial Magistrate-III, Trichy. Thereupon, the learned Magistrate took cognizance of the offence and issued warrants against the appellants on 13.2.2002. It appears that four of the appellants were arrested and released on bail by the Magistrate at Mumbai. The appellants then filed Criminal Writ Petition No. 593/2002 in the Bombay High Court for quashing the F.I.R. or in the alternative to transfer the F.I.R. to Mumbai. The proceedings were stayed by the High Court. On 2.6.2003, the writ petition was dismissed as withdrawn while giving liberty to approach the High Court of Madras at chennai for appropriate relief. Thereafter, the appellants filed the petition under Section 482 Cr.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is nothing in the complaint which connects her with an offence under Section 498-A or any other offence of which cognizance was taken. Certain acts of taunting and ill-treatment of informant by her sister-inlaw (appellant) were alleged but they do not pertain to dowry demand or entrustment and misappropriation of property belonging to the informant. What was said against her in the F.I.R. is that on some occasions, she directed the complainant to wash W.C. and she used to abuse her and used to pass remarks such as even if you have got much jewellery, you are our slave. It is further stated in the report that Gowri would make wrong imputations to provoke her husband and would warn her that nobody could do anything to her family. These allegations, even if true, do not amount to harassment with a view to coercing the informant or her relation to meet an unlawful demand for any property or valuable security. At the most, the allegations reveal that her sister-in-law Gowri was insulting and making derogatory remarks against her and behaving rudely against her. Even acts of abetment in connection with unlawful demand for property/dowry are not alleged against her. The bald allega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On account of failure to do so, we would have, in the normal course, quashed the order of the Magistrate taking cognizance and directed him to consider the question of applicability of Section 473. However, having regard to the facts and circumstances of the case, we are not inclined to exercise our jurisdiction under Article 136 of the Constitution to remit the matter to the trial court for taking a decision on this aspect. The fact remains that the complaint was lodged on 23.6.1999, that is to say, much before the expiry of the period of limitation and the F.I.R. was registered by the All Women Police Station, Tiruchirapalli on that day. A copy of the F.I.R. was sent to the Magistrate s Court on the next day, i.e., on 24.6.1999. However, the process of investigation and filling of charge-sheet took its own time. The process of taking cognizance was consequentially delayed. There is also the further fact that the appellants filed Writ Petition (Crl.) No. 1719/2000 in the Bombay High Court for quashing the F.I.R. or in the alternative to direct its transfer to Mumbai. We are told that the High Court granted an ex-parte interim stay. On 20.8.2001, the writ petition was permitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is why the matter was remanded to the Magistrate for reconsideration. In the present case, such a course is unnecessary and inexpedient. Adopting the liberal approach that has been stressed by this Court in the afore-mentioned decision and considering the facts apparent from the record as discussed supra, we feel that it is a fit case where the benefit of Section 473 Cr.P.C. should be extended to the informant-lady and there is no need to prolong the controversy on the point of limitation. The next controversy arising in the case is about the territorial jurisdiction of the Magistrate s Court at Tiruchirapally to try the cases. As already noted, the High Court was of the view that the questions raised in the petition cannot be decided before trial. It is contended by the learned counsel for the appellants tht the issue relating to the place of trial can be decided even at this stage without going beyond the averments in the complaint filed by the respondents and the High Court should have, therefore, decided this point of jurisdiction, when it is raised before the trial has commenced. Our attention has been drawn to a recent decision of this Court in Y. Abraham Ajit and Ors. v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed offences were at all committed at Trichy. One more relevant aspect to be noticed is that the informant-wife filed Transfer Petition No. 603/2003 seeking transfer of MJ Petition No. A416/2003 on the file of Family Court at Bandra, Mumbai filed by the husband for dissolution of the marriage to the Family Court at chennai to be heard along with OP No. 2071 of 1999 on the file of II Additional Family Court at Chennai (since disposed of). It appears that on an earlier occasion, the petition filed by the wife for restitution of conjugal right in the sub-Court at Trichy was transferred to the Family Court at Chennai at the instance of the wife by an order of this Court dated 29.10.1999. That petition was ultimately allowed by the Family Court and the Execution Petition was transmitted to the Mumbai Court. A Civil Miscellaneous Appeal (unnumbered so far) against the decree of the Family Court, Chennai is said to be pending in the Madras High Court. Having regard to the above facts viz., background and history of litigation, the prima facie, view taken by us on the point of territorial jurisdiction and taking an overall view of the convenience of both the parties, we are of the vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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