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TMI Blog2009 (2) TMI 914X X X X Extracts X X X X X X X X Extracts X X X X ..... veral places in Gujarat, Rajasthan and Madhya Pradesh. 2. Since the preliminary issue of territorial jurisdiction of this Court is required to be addressed first, before assuming jurisdiction and issuing process, the facts relevant for that purpose may be culled out and summarized. According to the petition, petitioner No. 1, the husband, was selected for Indian Administrative Services (IAS) of Gujarat Cadre in the year 2004 and respondent No. 1-wife, the original complainant, was selected for IAS of Jammu Kashmir Cadre in the year 2005. They married at Jaipur on 17-9-2005, immediately after which the husband returned to Ahmedabad and the wife went to Massoorie . They practically pursued their careers separately till February, 2006 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s required to exercise its jurisdiction on the ground of the cause of action, wholly or partly, arising in Gujarat. He relied upon judgment of the Supreme Court in Navinchandra N. Majithia v. State of Maharashtra AIR 2000 SC 2966 and emphasized the following observations made therein: Per : Thomas, I. (concurring) 8. ...Judicial pronouncements have accorded almost a uniform interpretation to the said compendious expression even prior to the Fifteenth Amendment of the Constitution as to mean the bundle of facts which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. 13. ...We make it clear that the mere fact that FIR was registered in a particular State is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction of that Court. 34. ...In legal parlance the expression 'cause of action' is generally understood to mean a situation or State of facts that entitles a party to maintain an action in a Court or a tribunal; a group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in Court from another person. (Black's Law Dictionary). 38. ...So far as the question of territorial jurisdiction with reference to a criminal offence is concerned the main factor to be considered is the place where the alleged offence was committed. 43. ...The High Court also did not take note of the averments in the writ petition that filling of the complaint at Shillong was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, being a party to both the decisions), it is held: 21. The legislative history of the constitutional provisions, therefore, make it clear that after 1963, cause of action is relevant and germane and a writ petition can be instituted in a High Court within the territorial jurisdiction of which cause of action in whole or in part arises. 41. From the aforesaid discussion and keeping in view the ratio laid down in catena of decisions by this Court, it is clear that for the purpose of deciding whether facts averred by the petitioner-appellant, would or would not constitute a part of cause of action, one has to consider whether such fact constitutes a material, essential, or integral part of the cause of action. It is no doubt true that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt concerned and the seat of Government, or authority or residence of the person against whom a writ or direction is sought is not material; and the 'cause of action' means every fact which it would be necessary for the petitioner to prove, if traversed, in order to support his right to judgment of the Court. 7. In the facts of the present case, in order to succeed in the petition for quashing the FIR lodged at Jaipur, it would be necessary for the petitioner to establish that the complaint in question could not have been legally, lodged and registered at Jaipur and even if it were registered, it could not have been investigated by the investigating agency at Jaipur, Rajasthan, Perusing the complaint from that stand point, it wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed with the cause of action for filing a petition for quashing that complaint. As seen earlier, even if a fraction of the cause for filing a complaint has arisen in Rajasthan, an FIR could be lodged at Jaipur. And even assuming that such filing of the FIR in Rajasthan was mala fide, the cause of action for filing a petition for quashing such FIR could arise only in Rajasthan and not at all places where parts of causes for filing the FIR may have arisen and where the FIR could have been lodged and investigated and where the ensuing criminal case could have been tried. In other words, the cause of action for filing a criminal complaint is different from the cause of action for quashing the complaint. The provisions of Sections 177 and 178 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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