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TMI Blog2006 (11) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... re living at their matrimonial home at Jabalpur. Allegedly, a complaint was lodged by father-in-law of Appellant No. 1 with the police station, Jabalpur on 19.04.1997 alleging that the appellants have been ill-treating his daughter and demanded dowry. 3. Meena allegedly lodged another First Information Report against the appellants at the Police Station, Datia on 25.05.1997 whereupon a criminal case was registered. In the said complaint, the place of incident was said to have taken place in House No. 151, Adarsh Nagar Narbada Road, Jabalpur. The period during which the incident took place was said to be before November, 1995 till 25.08.1997. It was alleged: 7. That during the time of Dusshera the complainant's husband Manish, Fath ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d - respondents, and in such continuing offence, on some occasions all the respondents had taken part and on other occasion, one of the respondents had taken part. It was, therefore, held that in view of Clause (c) of Section 178 of Cr.P.C., the High Court was not right. The order passed by the High Court was set aside and the learned CJM, Raipur had jurisdiction to try the case. The facts of the present case are different. There is nothing in the complaint to show that any mal-treatment was given to the complainant at Datia. The allegations, which I may repeat here, are that the mal-treatment was given within a specific period at Jabalpur. There is nothing to show that any mal-treatment was given by any of the petitioners at Datia and unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority with which I respectfully agree, the Court at Datia had also jurisdiction to try the case. It is not denied or disputed that no part of cause of action arose within the territorial limits of the jurisdiction of the Datia Court. Section 177 of the Code ordains that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. 5. Interpretation of the term ordinarily will have to be considered having regard to the provisions contained in Section 178 thereof which reads as under: 178. Place of inquiry or trial.(a) When it is uncertain in which of several local areas an offence was committed, or (b) where an offence is committed partly in one local area and partly i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when an act or omission is committed once and for all. 7. In Sujata Mukherjee (supra) this Court held the offence to be a continuing one as specific allegations had been made against the husband that he had also gone to Raipur where the complaint was filed and had assaulted the appellant therein. It was in the aforementioned fact situation, this Court set aside the judgment of the High Court holding that the incident at Raipur was not an isolated event stating: At the hearing of these appeals, Mr Gambhir, the learned Counsel appearing for the appellant, has submitted that it will be evident from the complaint that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vision Bench of this Court in Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. 2004 CriLJ 4180 where noticing the interpretation of the expression cause of action , it was held that the expression ordinarily need not be limited to those specially provided for by the law and exceptions may be provided by law on consideration or may be implied from the provisions of law permitting joint trial of offences by the same Court. In that case the complaint itself disclosed that after 15.04.1997, the respondent left Nagercoil and went to Chennai and was staying there. Thus, having regard to the fact that all allegations according to the complainant took place at Nagercoil, it was held that the courts at Chennai did not have the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evant to Section 498-A from which it could be inferred that one of the acts giving rise to the offence under the said section had taken place in Chennai. It is alleged that when the relations of the informant met her in-laws at a hotel in Chennai where they were staying on 13-10-1998, there was again a demand for dowry and a threat to torture her in case she was sent back to Mumbai without the money and articles demanded. Thus the alleged acts which according to the petitioner constitute the offences under Sections 498-A and 406 were done by the accused mostly in Mumbai and partly in Chennai. Prima facie, there is nothing in the entire complaint which goes to show that any acts constituting the alleged offences were at all committed at T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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