INDRAJEET MITRA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is a petition filed by the petitioners under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing the entire proceedings against the petitioners initiated on the basis of the F.I.R. No. 78 of 2004 dated 25.3.2004, registered at Police Station Chhota Shimla (East), under Section 498/34 I.P.C.

(2.) A notice of the petition was issued to respondents who filed their replies. Rejoinder was also filed by the petitioners.

(3.) THE submissions made by the learned Counsel for the petitioner were that the offence under Section 498 -A is not a continuous offence. He also submitted that no occurrence had taken place within the jurisdiction of this Court and according to the provisions of Section 177 Cr.P.C, every offence shall ordinarily be enquired into and tried by a Court within whose jurisdiction it was committed and since no offence was committed within the jurisdiction of this Court, the proceedings lodged by the petitioners are liable to be quashed.