Case Note & Summary
The applicants, family members of the husband, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 126/2006 registered at Sahada Police Station and charge sheet No. 9/2007 in RCC No. 14/2007 pending before the Judicial Magistrate First Class, Sahada, for offences under Section 498-A IPC. The FIR was lodged by respondent No. 1, the wife, alleging physical and mental ill-treatment and unlawful demand of dowry. The applicants contended that all alleged incidents occurred at Nashik, within the jurisdiction of Nashik Police Station, and that the Sahada Police Station had no territorial jurisdiction. The trial court had rejected the applicants' transfer application on the ground that the Magistrate lacked power to transfer. The High Court examined the FIR and found that all instances of cruelty and dowry demand were alleged to have taken place at Nashik, with no incident occurring within Sahada jurisdiction. The court held that under Section 177 CrPC, every offence shall be inquired into and tried by a court within whose local jurisdiction it was committed. Since no part of the cause of action arose within Sahada, the FIR and charge sheet were without jurisdiction. The court quashed the FIR and all consequential proceedings, allowing the application.
Headnote
A) Criminal Procedure Code - Territorial Jurisdiction - Quashing of FIR - Sections 177, 178, 482 CrPC - The court considered whether an FIR registered at Sahada Police Station was maintainable when all alleged incidents of cruelty and dowry demand occurred within the jurisdiction of Nashik Police Station. Held that since no part of the cause of action arose within Sahada jurisdiction, the FIR and subsequent proceedings were liable to be quashed (Paras 5-7).
Issue of Consideration
Whether the FIR and charge sheet filed at Sahada Police Station are maintainable when all alleged incidents occurred within the jurisdiction of Nashik Police Station.
Final Decision
The court allowed the application, quashed CR. No. 126/2006 registered with Sahada Police Station and charge sheet No. 9 of 2007 in RCC No. 14/2007 pending before J.M.F.C. Sahada, and all consequential proceedings.
Law Points
- Territorial jurisdiction
- Quashing of FIR
- Section 498-A IPC
- Section 177 CrPC
- Section 178 CrPC
Case Details
2010 LawText (BOM) (04) 61
Criminal Application No. 2768 of 2008
Mr. A. P. Mundargi (amicus curiae), Mr. Vivek Salunkhe i/b. Mr. P. B. Shah (for Applicants), Ms. Rita K. Joshi (for Respondent No. 1), Mr. P. S. Hingorani (APP for Respondent No. 2 - State)
Shekhar Shivdas Mahire, Shivdas Dharmaji Mahire, Smt. Lilabai Shivdas Mahire, Rekhabai Shivdas Mahire, Sarika Shivdas Mahire, Sangeeta Sarnath Salve
Sou. Sarikabai Shekhar Mahire, State of Maharashtra
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and charge sheet for lack of territorial jurisdiction.
Remedy Sought
Quashing of CR. No. 126/2006 registered with Sahada Police Station and charge sheet No. 9 of 2007 in RCC No. 14/2007 pending before J.M.F.C. Sahada, or alternatively transfer to J.M.F.C. Nashik Road, Nashik.
Filing Reason
The applicants alleged that the FIR was filed at Sahada Police Station despite all incidents of cruelty and dowry demand occurring within the jurisdiction of Nashik Police Station.
Previous Decisions
The trial court rejected the applicants' transfer application on the ground that the Magistrate had no power to transfer proceedings.
Issues
Whether the FIR and charge sheet filed at Sahada Police Station are maintainable when all alleged incidents occurred within the jurisdiction of Nashik Police Station.
Submissions/Arguments
Mr. Salunkhe for applicants: From the FIR, all instances occurred within Nashik jurisdiction; no part of cause of action arose at Sahada; proceedings are without jurisdiction and liable to be quashed.
Ms. Joshi for respondent No. 1: Opposed the application; argued that the court at Sahada has jurisdiction.
Ratio Decidendi
Under Section 177 CrPC, every offence shall be inquired into and tried by a court within whose local jurisdiction it was committed. Since all alleged incidents of cruelty and dowry demand occurred within Nashik jurisdiction and no part of the cause of action arose within Sahada jurisdiction, the FIR and charge sheet at Sahada were without jurisdiction and liable to be quashed.
Judgment Excerpts
From the perusal of the FIR, it would reveal that all the instances have taken place at Nashik. There is not a single instance which has taken place within the jurisdiction of Sahada Police Station.
In that view of the matter, since no part of the cause of action has arisen within the jurisdiction of Sahada Police Station, the FIR and the charge sheet filed at Sahada are without jurisdiction.
In the result, the application is allowed. CR. No. 126/2006 registered with Sahada Police Station and charge sheet No. 9 of 2007 in RCC No. 14/2007 pending before the learned J.M.F.C. Sahada and all consequential proceedings are quashed and set aside.
Procedural History
FIR No. 126/2006 was registered at Sahada Police Station on complaint of respondent No. 1 alleging offences under Section 498-A IPC. After investigation, charge sheet No. 9/2007 was filed before J.M.F.C. Sahada in RCC No. 14/2007. Applicants filed a transfer application before the trial court, which was rejected on the ground that the Magistrate lacked power to transfer. Thereafter, applicants filed the present application under Section 482 CrPC before the High Court.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498-A
- Code of Criminal Procedure, 1973 (CrPC): 177, 178, 482
