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HIGH COURT OF CALCUTTA
MRINAL KANTI SINHA, J.
Narendra Kumar Sharma Alias Narendra Sharma - Appellant
Versus
State Of West Bengal - Respondent
CRR NO. 358 of 2009
Decided on : Aug 25, 2010
CRIMINAL LAW - SECTION 498A IPC - SECTION 177 CRPC - DISCHARGE OF ACCUSED - TERRITORIAL JURISDICTION - OFFENCE COMMITTED OUTSIDE JURISDICTION - COURT LACKING JURISDICTION TO TRY CASE - DISCHARGE OF ACCUSED AND QUASHING OF PROCEEDINGS.
Fact of the Case:
Accused-petitioner challenged the order of the J.M. 2nd Court, Jalpaiguri, rejecting his application for discharge in a case under Section 498A IPC, alleging lack of territorial jurisdiction as the alleged offence of cruelty by the husband took place in Rajasthan and not within the jurisdiction of the Matelli PS, Jalpaiguri.
Finding of the Court:
The court found that the alleged incident of torture, if any, took place at the matrimonial home of the petitioner in Sikar, Rajasthan, which was beyond the territorial jurisdiction of the Matelli Police Station or the Magistrate's Court, Jalpaiguri.
Issues: 1. Whether the Matelli PS of Jalpaiguri had territorial jurisdiction to investigate the alleged offence and file a charge sheet? 2. Whether the 2nd Court of the learned Judicial Magistrate, Jalpaiguri, had territorial jurisdiction to try the case?
Ratio Decidendi: 1. The court relied on Section 177 of the CrPC, which provides that every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. 2. The court also referred to the Supreme Court decisions in Y. Abraham Ajith v. Inspector of Police, Chennai, and Manish Ratan v. State of M.P., which held that the ordinary place of inquiry and trial is the place where the offence was committed. 3. The court held that in the present case, there was no uncertainty regarding the local area where the alleged offence was committed as the place of occurrence was mentioned in the FIR and the address of the petitioner and other witnesses in the charge sheet, and it was apparent that the alleged incident took place within the local jurisdiction of Sikar, Rajasthan, and not within the jurisdiction of the Matelli PS of Jalpaiguri Court.
Final Decision: The court set aside the impugned order of the J.M. 2nd Court, Jalpaiguri, discharged the accused-petitioner, and quashed the proceedings, directing the return of the written complaint to the complainant for filing in the proper court.
Mrinal Kanti Sinha, J.
1. HEARD the learned Counsel appearing for the parties. This revisional application has been directed against the order passed by learned J.M. 2nd Court, Jalpaiguri, on 15.12.08 in G.R. Case No. 1197 of 2004, whereby the learned J.M. 2nd Court, Jalpaiguri, has rejected the prayer of the accused for discharging him.
2. IT is the case of the petitioner that a complaint was filed under section 498A IPC before the Officer-in-charge of Matelli Police Station alleging therein that the Opposite Party No. 2 Suman Sharma, is the legally married wife of the petitioner and their marriage was solemnized on 26.05.03 by observing Hindu Rites and Customs, but the petitioner used to torture her both physically and mentally and did not allow the Opposite Party No.2 to speak to her son and deprived them from food and clothes. After receiving the complaint from the Opposite Party No. 2, Police registered Matelli P.S. Case No. 44/04 dated 28.07.04 under section 498A of the IPC. The matter was investigated by the Police treating the complaint of the Opposite Party No. 2 as First Information Report.
Thereafter, the petitioner was arrested in connection with that case and was released on bail. After completion of investigation, police submitted a charge-sheet bearing No. 79/04 dated 31.12.04 under section 498A of the Indian Penal Code against the petitioner in G.R. case No. 1197 of 2004. As the cause of action for the said case arose at Sikar, Rajasthan, and no part of cause of action arose within the jurisdiction of Matelli P.S., so the petitioner filed the said application praying for his discharge on the ground of non-maintainability of the proceedings due to lack of territorial jurisdiction. Hearing the learned Counsel for the parties Learned J.M., 2nd Court, Jalpaiguri, rejected the said application of the petitioner.
3. BEING aggrieved by and dissatisfied with the aforesaid order of the Learned J.M., 2nd Court, Jalpaiguri, the present petitioner has filed this revisional application praying for setting aside the impugned order and passing necessary order.
4. THE Opposite Party No.1, State of West Bengal, and the Opposite Party No. 2 Suman Sharma, wife of the petitioner Narendra Kumar Sharma are contesting the matter, but none of them has filed any affidavit-inopposition in this case.
It appears that on the basis of a written complaint of the Opposite Party No. 2, Police of Matelli P.S. initiated Complaint case No. 44/04 dated 28.07.2004. Then police investigated into the case and submitted a charge-sheet against the present petitioner under section 498A of the Indian Penal Code. Hearing the parties learned Judicial Magistrate, 2nd, Court, Jalpaiguri, rejected the prayer of the petitioner for his discharge from the said case and the Learned J.M., 2nd Court, Jalpaiguri, fixed date for consideration of charge.
5. IT is to be considered now as to whether the Learned J.M., 2nd Court, Jalpaiguri, was legal, correct, proper and justified in passing the impugned order, and whether there was any perversity or abuse of the process of the court thereby or not.
6. IT has been submitted by Mr. Sabyasachi Banerjee, learned counsel for the petitioner that the Opposite Party No.2/Defacto- complainant in her application never alleged that any part of torture, either physical or mental, was ever inflicted upon her within the jurisdiction of Matelli PS, and no part of cause of action ever arose within the jurisdiction of Matelli PS, and as per the complaint the alleged incident of torture, if any, took place in the residence of the petitioner at Bijoy Colony, Plot No. 14, Ward No. 17, PS and PO Sikar, Rajasthan, and as per FIR No. 44/04 dated 28.07.04 also place of occurrence was at Bijoy Colony, Plot No. 14, Ward No. 17 PS and PO Sikar, Rajasthan, outside the territorial jurisdiction of Matelli PS and Court of Jalpaiguri. For that reason the petitioner filed an application before the learned J.M., 2nd Court, Jalpaiguri, on 31.01.20
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