A Magistrate should not direct investigation under Section 156 (3) of the Code of Criminal Procedure, 1973, if any investigation is pending in respect of similar accusations in some other police station, or in respect of inquiry before any other Court.

ARIJIT PASAYAT, J.

( 1 ) THIS is an application questioning correctness of order dated 18-12-1993 passed by learned Sub-divisional Judicial Magistrate, Berhampur (in short, the 'sdjm') invoking power under Section 156 (3) of the Code of Criminal Procedure, 1973 (in short, the 'code'), and directing investigation.

( 2 ) BACKGROUND facts are as follows :a complaint was filed by opposite party No. 1 before the learned SDJM alleging various acts, which according to the complainant constituted offences punishable under Sections 302, 341, 406, 506, 498 (A) read with Section 34 of the Indian Penal Code, 1860 (in short, 'ipc'), and Section 4 of the Dowry Prohibition Act, 1961 (in short, the 'dowry Act' ). On receipt of complaint, the learned Magistrate felt that before proceeding under Section 200 of the Code, it was necessary to send the complaint petition to the Police for investigation under Section 156 (3) of the Code. The original complaint was sent to the Inspector-in-charge of B. N. Pur Police Station as according to him the alleged occurrence took place within the jurisdiction of said Police Station. The Inspector-incharge of the Police Station was directed to register a case and investigate into the matter under Section 156 (3) of the Code. Accordingly, U. D. Case No. 5 of 1993 has been registered.

( 3 ) ACCORDING to Mr. D. P. Das, learned counsel for petitioners no part of the alleged occurrence took place either within the limits of B. N. Pur Police Station, or within the jurisdiction of learned SDJM, Berhampur. and, therefore, the direction as given is not in accordance with law. The learned counsel for opposite parties on the other band submitted that there is sufficient material to show that at least a part of the cause of action arose within the jurisdiction of B. N. Pur Police Station, and also within the jurisdiction of learned SDJM, Berhampur, and therefore, the direction as given is proper.

( 4 ) "jurisdiction is a DIGNITY which a man hath by a power to do justice in causes of complaint made before him". (Termes delaley ). "jurisdiction" of a validly constituted Court in its narrow and strict sense, connotes the limits which are imposed upon its power to hear and determine issues between persons seeking to avail themselves of its process by reference (1) to the subject-matter of the issue, or (2) to the persons between whom the issue is joined, or (3) to the kind of relief sought, or to any combination of those factors. In its wider sense it embraces also the settled practice of the Court as to the way in which it will exercise its powers to hear and determine issues which fall within its 'jurisdiction" (in the strict sense) or as to circumstances in which it will grant a particular kind of relief which it has 'jurisdiction" (in the strict sense) to grant, including its settled practice to refuse to exercise such powers, or to grant such relief in particular circumstances.

( 5 ) CHAPTER XIII of the Code deals with jurisdiction of the criminal Courts in inquiries and trials. The Chapter deals with the place of inquiry and trial in respect of offences only. Section 177 provides that "ordinarily" every offence would be tried by a Court within the local limits of whose jurisdiction it was committed. Section 178 deals with the place of inquiry or trial. It is a special provision and not a general principle of law and in fact is supplemental to the 3rd clause of Section 181 (4 ). Section 179 applies when the act or omission is an offence by reason of anything which has been done and of any consequence which has ensued. But where the act or omission is a complete offence irrespective of any consequence which has ensued, the provision has no application and the offence is to be inquired into and tried only by the Court within whose jurisdiction the act was committed as provided in Section 177 of the Code. Section 179 contemplates two aspects, namely, (i) that the offender has done an act; and (ii) that a consequence has