The court held that the Dhanbad Court has jurisdiction to try the petitioner and other accused for offences under Sec. 498-A/406/34, Indian Penal Code.

S.N.Jha, J.

1. This application has been filed for quashing the order taking cognizance for offences under Sec. 498-A/406/34, Indian Penal Code and the entire proceeding.

2. Cognizance has been taken on the complaint of Nita Khanna, opposite party No. 2. According to her, after marriage with the petitioner on 12-3-1990 solemnized at Amritsar, she was ill-treated by the accused persons, the husband and in-laws, because her father could not satisfy the demand of dowry.

At times she was assaulted. As a result of cruelty, torture and harassment meted out to her, she was forced to leave her matrimonial home and live with her parents at Dhanbad. On 12-8-1991 a son was also born but accused persons did not even care to come over and see him. It is said that at the time marriage, gold ornaments weighing 40 tolas and Rs. 50,000 in cash as well as many personal and house effects were given by her parents for her benefit and use which were entrusted to the accused persons. The complainant was not allowed to bring them back.

3. The validity of the order is challenged on the ground of lack of territorial jurisdiction. It is said that entire occurrence allegedly having taken place at Amritsar, the Dhanbad Court had no jurisdiction to entertain the complaint and take cognizance. Counsel for the petitioner submitted that the source of jurisdiction of the Dhanbad Court is sought to be found is Sec. 179 of the Code of Criminal Procedure (the Code, in short) but the said provisions is not applicable. Counsel contended that in order to attract the provisions of Sec. 179 the consequence of the act should not only be the integral part of the offence but that the act and the consequence must together constitute the offence. Where the act by itself constitutes an offence or, in other words, where the offence is complete by reason of the act itself irrespective of the consequence that ensued, Sec. 179 has no application. Counsel in support of his contention placed reliance on M.A. Alexander and another V/s. Claira Alexander, and Ganga Jaiswal V/s. Chhotelal Jain.

4. Counsel for the complainant-opposite party, on the other hand, submitted that at this stage the Court has to go by the allegations alone. In the absence of evidence which is yet to come it cannot to be said as to where the entrustment of property had taken place constituting the offence of criminal breach of trust under Sec. 406, I.P.C. Counsel stated that so far as the other offence under Sec. 498-A is concerned, it is not necessary to go into the question of consequence. Counsel made reference to various paragraphs of the complaint petition. He contended that so far as this Court is concerned the point is concluded by the decision in the case of Sardar Harpal Singh V/s. Balbinder Pal Kaur.

5. Sec. 179 of the Code reads as follows:

"Offence triable where act is done or consequence ensues. - When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be injured into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued."

The section is in the nature of exception to the general rule that every offence shall be enquired into and tried by the Court within whose local jurisdiction it was committed. It provides that an act is an offence by reason of consequence which has ensued therefrom, the offence may be enquired into or tried by Court within whose local jurisdiction the act was committed or the consequence has ensued. There can be no doubt that the act and its consequence must be so interlinked that the consequence is the direct result of the Act. Where the wife is forced to leave her husband/in-laws house there can be no doubt that her leaving the house is the direct result or consequence of conduct and, therefore, an integral part.

6. At this stage it would be appropriate to refer to the complaint the relevant portions of which are as follows:

"7. That, on and from