- (1.) K. D. Shah, J. Vide order dated 17-10-1997 Hon'ble Mr. Justice R. N. Ray had referred this matter to a large Bench for deciding the question of jurisdiction in the matter of cases falling under Section 498-AJPC.
(2.) ALTHOUGH the precise question has not been formulated by the learned Single Judge but the question of law, which is apparent from his observations, is:- "whether a compliant under Section 498-A, IPC can be filed at the place where the cause of action arose or where the complainant resided. " We have heard Sri V Singh, learned Counsel appearing on behalf of Prabhal Ranjan Pandey an a others and Sri S. P. Tewan the learned Additional Government Advocate, appearing for the State. Infact, there cannot be a dispute that ordinarily a complaint can be filed at the place where the cause of action arose. It has been provided in Section 177 of the Code of Criminal Procedure that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. Provisions of Section 177, Cr. P. C. cannot be read in isolation. A complete Chapter XIII has been provided in the Code of Criminal Procedure regarding jurisdiction of criminal courts in inquires and trials. Section 178 of the Criminal Procedure Code provides: 178' 'place of inquiry or trial- (a) When it is uncertain in which of several local areas an offence was committed, or (b) Where an offence is committed partly in one local area and partly in another, or (c) where an offence is continuing one, and continues to be committed in more local areas than one, or (d) Where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. "
(3.) THE learned Single Judge has not referred the provision of Section 179, Cr. P. C. which is also of great importance in the matter of trials or an offence under Section 498-A, IPC. Section 179, Cr. P. C. runs as under: , S. 179 "offence triable where act is done or consequence ensues.-When an act is an offe nce by reason on anything which has been done and of a consequence which was ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. " If these sections are taken together it may go to show very clearly that the offence shall be tried by a court within whose local jurisdiction it was committed or if it was committed partly in one local area and partly in another, it can be tried by either of the two courts. If the offence is continuing and continues to be committed in more local areas than one it can be tried by any of the courts in which the offence was continued to be committed. Section 498-A of the Indian Penal Code reads as under: Section 498-A "husband or relative of husband of a woman subjecting her to cruelty.- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.--For the purposes of this section, "cruelty" means: (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or (b) harassment of the woman where such harassment is with a view to coercing here or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. ";