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Showing contexts for: DEORIA in Ajara Khatoon & Others vs State Of U.P. & Another on 13 April, 2012Matching Fragments
1. Heard Sri Ramesh Rai, learned counsel for the petitioners and learned A.G.A.
2. The accused petitioners have preferred this Criminal Misc. Writ Petition under Article 226 of the Constitution of India to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1.12.2011 passed by the Special Judge (Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), Court No. 3, Deoria in Criminal Revision No. 263 of 2010-Smt. Ajara Khatoon and others Vs. State of U.P. and others, and order dated 3.10.2007 passed by the Additional Chief Judicial Magistrate, Court No. 19, Deoria in Criminal Case No. 2063 of 2007-State Vs. Suhail Ahmad and also to issue a writ, order or direction in the nature of mandamus commanding the court below to pass a fresh order on the application of the petitioners under Section 179 Cr.P.C. and quash the entire proceedings pending against the petitioners arising out of case crime No. C-1 of 2006, under Sections 498A, 323, 504, 506, 354 and 495 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Salempur, District Deoria.
3. The four petitioners namely Smt. Ajara Khatoon, allegedly first wife of the petitioner Suhail Ahmad, Smt. Rizwana, Abdul Kayum and Suhail Ahmad who is husband of the respondent no. 2 Shahnaz, have filed this writ petition for quashing the aforesaid impugned orders dated 1.12.2011 and 3.10.2007 on the ground that from the allegations made in the application under Section 156(3) Cr.P.C. by the complainant, the alleged offences are said to have taken place within local limits of district Mau and only the concerned court situated within the local limits of District Mau has territorial jurisdiction to try the said offences alleged against the petitioners and since the place of occurrence as mentioned in the said application is Sasural of the complainant namely within the local limits of District Mau, has jurisdiction to try the offence and the impugned orders stated above are wholly illegal, erroneous and not sustainable in the eye of law because no cause of action has ever taken place within the local limits of District Deoria. On this ground, it has further been contended since the charge sheet has been filed by an authority which has no jurisdiction to submit the same within the concerned court situated within local limits of District Deoria, the court situated in District Deoria has no jurisdiction to take cognizance or to proceed with the case on the basis of charge sheet submitted against the petitioners and others.
19. From the above discussions, it is concluded that on the basis of allegations made in the complaint of the victim/lady, the Court at a place where cause of action has arisen, is competent to proceed with the case. The Court at a place where consequence has ensued, is also competent and has full jurisdiction to proceed with the case. But if from the allegations no cause of action arises or consequence ensues then such a Court will have no jurisdiction to proceed with the case.
20. In the case in hand, the allegations were made by the complainant- respondent no. 2 through the application under Section 156(3) Cr.P.C. that she was thrashed, abused, maltreated and compelled to bring the items demanded in dowry by her husband and his family members or relatives within the jurisdiction of the Court situate at District Mau. The victim lady was deprived of her clothes, ornaments etc. and was forcibly taken by her husband to the Railway Station Salempur, District Deoria where also she was abused and threatened to bring the aforesaid demanded items. The Railway Station Salempur is situated within the local limits of District Deoria from where the complainant-respondent no. 2 reached to her parents's house in village Mominabad, Police Station Salempur, District Deoria and narrated her woes to her parents. She was treated for the injuries caused to her by her husband and his family members. It was because of actions and threat of her husband and his family members that the complainant was forcibly taken by her husband to the Railway Station Salempur where she was again abused, maltreated and warned to bring the demanded items and then she had to go to her parents' house situate in District Deoria. Thus, the offence in hand has been committed partly in one local area and partly in another local area and the offence is continued one and continues to be committed in more local areas than one. The Court situated within the local limits of District Deoria has jurisdiction and is competent to decide the case in hand. The impugned judgment and orders dated 1.12.2011 and 3.10.2007 are perfectly just, legal and correct one, requiring no interference by this Court. There is no perversity and illegality in the aforesaid orders. The writ petition lacks merits and is accordingly dismissed.
21. Since the case is very old, the Additional Chief Judicial Magistrate, Court No. 19, Deoria, where the criminal case on the basis of charge sheet is pending at District Deoria, is directed to proceed with the criminal proceedings in Criminal Case No. 2063 of 2007-State Vs. Suhail Ahmad and others, arising out of Case Crime No. C-1 of 2006, under Sections 498A, 323, 504, 506, 354 and 495 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Salempur, District Deoria vide charge sheet No. A-54 dated 16.4.2006 and decide the same expeditiously, preferably within a period of four months from the date of production of certified copy of this order before him. It is made clear that this Court has not expressed anything on merits and claims of both parties and this conclusion is confined to the territorial jurisdiction of the Court at District Deoria.