VIJAY VERMA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2008-4-119
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on April 16,2008

VIJAY VERMA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

SARRAF, J. - (1.) THE petitioners have filed this misc. petition under Section 482 Cr. P. C. with the prayer that the F. I. R. No. 150/2006 registered at Kotwali, Jhunjhunu under Sections 498a, 406 IPC be quashed.
(2.) LEARNED counsel for the petitioners have contended that even if the allegations contained in the F. I. R. are accepted in toto still Kotwali, Jhunjhunu has no jurisdiction to entertain the report because no part of cause of action has arisen within the jurisdiction of Kotwali, Jhunjhunu as the respondent No. 2 herself has disclosed in the F. I. R. lodged on 14. 5. 2006 that she returned to her parental home on 25. 6. 2005 and that all the acts which are per se without basis were committed at Bikaner. He, therefore, prays that the F. I. R. against the petitioners be quashed. He places reliance on (2004) 8 SCC 100. Learned counsel for the respondent No. 2 has submitted that the marriage took place at Jhunjhunu and that the articles given in dowry were entrusted at Jhunjhunu, therefore, Kotwali, Jhunjhunu has jurisdiction to investigation the matter. Section 181 (4) Cr. P. C. provides that any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. In the instant case as per the allegation contained in the F. I. R. the dowry articles have been received by the petitioners at Jhunjhunu which have been retained by them there. It is settled law that where the offence 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 ares as envisaged under Section 178 Cr. P. C. In the circumstances, therefore, Kotwali, Jhunjhunu is having jurisdiction to inquire into the matter as also the Court at, Jhunjhunu has jurisdiction to try the case. Therefore, no case for quashing the F. I. R. is made out. There is thus no merit in the petition.
(3.) THE criminal misc. petition stands dismissed. .;


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