RAJINDER GULERIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, by medium of this petition, has sought quashing of the proceedings pending in criminal case No. 114-2 of 13/08, titled as State of H.P. vrs. Rajinder Guleria, pending before the learned Chief Judicial Magistrate, Shimla.

(2.) "Key facts" necessary for the adjudication of this petition are that earlier FIR was registered against the petitioner at Chirgaon on 11.10.2008. He was sent to police remand on 18.10.2008. He was released on bail on 24.10.2008. The FIR was also registered against the petitioner bearing No. 235 of 2008 dated 2.11.2008 at Police Station Dhalli, under Sections 419, 420, 467, 468, 471 and 109 IPC. The challan has been put up and charges have been framed against the petitioner on 20.5.2015.

(3.) Mr. H.C.Sharma, Advocate, has vehemently argued that no cause of action has arisen within the territorial jurisdiction of the State of H.P. and only Courts at Chandigarh had the jurisdiction. The cause of action has arisen in Himachal Pradesh since the promise to recruitment was made at Bhathan Kuffer, Shimla. According to the averments made in the FIR, the complainant has made payment of Rs. 1,00,000/- to the petitioner in Skylark Hotel, SCO 50 Sector-20, Chandigarh. Merely that the payment has been made at Chandigarh, it will not divest the trial Court to try the case, on the basis of FIR No. 235 of 2008 dated 2.11.2008.