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TMI Blog2009 (1) TMI 936X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1988, pending on the file of the Special Judge (C.B.I.), Ranchi, Jharkhand, to facilitate the appellant to move the appropriate court for appropriate relief. It may be useful to extract the reasoning, conclusion and the directions issued by the court to appreciate the issues canvassed by the appellant. It is as under: From the submissions made by the petitioner's advocate, it is clear that the Jharkhand Court seized of the matter. It is the C.B.I. Court, all papers and documents pertaining to the case mentioned above are in the custody and possession of the said court and, therefore, it will not be proper for the court to entertain this petition for quashing the proceedings. 3. In the Criminal Writ Petition filed before the High Court of Judicature at Bombay, the appellant apart from others, had asserted that he is the accused No. 1 in the case registered by C.B.I., SPE, Ranchi in the State of Jharkhand for the offences under Sections 120(b), 420, 467, 468, 471 of IPC and Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The State of Maharashtra which is arrayed as Respondent No. 1 in the petition, through RCF Police Station, Kurla, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to register a case against the appellant, since the entire cause of action had arisen in the State of Maharashtra and not in Ranchi and by registering a case at Ranchi by the CBI, SPE, Ranchi, have abused the process of law and it has no locus standi to file a complaint against the appellant in respect of the offences mentioned in the charge sheet in which the appellant is a victim by himself. Accordingly, he has sought for the following reliefs : 1) To issue a writ in the nature of writ of certiorari to quash registration of the case R.C. Case No. 1(A)/2004 registered under Sections 120(b), 420, 467, 468, 471 of IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 pending before the Special Judge (CBI), Ranchi, Jharkhand State,. 2) Without prejudice to the aforesaid relief, if this Hon'ble Court decline to quash the registration of the case R.C. Case No. 1(A)/2004 registered under Sections 120(b), 420, 467, 468, 471 of IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, and the same order to be sent to RCF Police Station for investigation, inquiry and trial before the Additional Chief Metro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant had appeared in B.A. Degree Examination of Ranchi University in the year 1993-94 and his marksheet, provisional certificate and the degree certificate were declared as genuine and therefore, the entire cause of action has arisen in the District of Ranchi, State of Jharkhand. The learned Counsel further submitted that the investigation in R.C. Case No. 1(A)/2004 is completed by the CBI, Ranchi and the chargesheet against the appellant and against Sri P.C. Ram, Despatch Clerk of Ranchi University has been filed before the Special Judge (CBI), Ranchi and the same is pending consideration. Therefore, the learned Counsel would submit that the High Court of Judicature at Bombay was right in declining to entertain the Criminal Writ Petition filed by the appellant. 9. Having heard the learned Counsels for the parties, in our view, the issue that requires our consideration is, whether the High Court of Judicature at Bombay was right in passing the impugned order rejecting the Criminal Writ Petition filed by the appellant on the ground, that, the Special Judge (CBI), Ranchi has heard case R.C. Case No. 1(A)/2004 and all the documents pertaining to the case are in the custody ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence must be referable to the places where the cause of action in regard to commission of offence has arisen. A cause of action as understood in its ordinary parlance may be relevant for exercise of jurisdiction under clause (2) of Article 226 of the Constitution of India but its definition stricto sensu may not be applicable for the purpose of bringing home a charge of criminal offence. The application filed by the petitioner under Section 156(3) of the Code of Criminal Procedure disclosed commission of a large number of offences. The fact that major part of the offence took place outside the jurisdiction of the Chief Metropolitan Magistrate, Calcutta is not in dispute. But, even if a part of the offence committed by the respondents related to the petitioner Company was committed within the jurisdiction of the said court, the High Court of Allahabad should not have interfered in the matter. 14. This Court has further observed : 30) The High Court has placed strong reliance upon a decision of this Court in Navinchandra N. Majithia v. State of Maharashtra AIR2000SC2966 , wherein this Court held, while considering a contention that the High Court of Bombay was not correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant to the orders of High Court of Jharkhand at Ranchi, a reliable source of information had been received to the effect that Shri Rajendra Ramchandra Kavalekar (appellant) had entered into a criminal conspiracy with the other unknown persons including the officials of Ranchi University during the academic year 1993-94 by obtaining the false and forged mark sheets of Ranchi University, and, further, on the strength of those false and fabricated documents pertaining to his graduation degree, fraudulently and dishonestly obtained employment in India Tourism Development Corporation as Cashier-cum-Sales Assistant. In the First Information Report, it is also stated that the appellant in collusion with the officials of India Tourism Development Corporation Ltd., Mumbai, the University, had managed to suppress letter dated 26.2.2000 written by the Controller of Examination, Ranchi pursuant to the queries made by the Manager (Vigilance) of ITDC, for ascertaining whether the provisional certificate and the degree certificate issued to the appellant for the academic year 1993-94 is forged and fake, and the appellant with a collusion and connivance of the officials of the University had got p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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