Y ABRAHAM AJITH Vs. INSPECTOR OF POLICE CHENNAI

JUDGEMENT

(1.) Leave granted.

(2.) Appellants call in question legality of the judgment rendered by a learned single Judge of the Madras High Court whereby the appellants prayer for quashing proceedings in CC 3532 of 2001 on the file of the Court of XVIII Metropolitan Magistrate, Saidapet, Chennai, by exercise of powers under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) was rejected. Background facts sans unnecessary details are as follows: Respondent No.2 as complainant filed complaint in the Court of the concerned magistrate alleging commission of offences punishable under Sections 498A and 406 of the Indian Penal Code, 1860 (in short the IPC) and Section 4 of the Dowry Prohibition Act, 1961 (in short the Dowry Act). The magistrate directed the police to investigate and after investigation charge-sheet was filed by the police. When the matter stood thus, the appellants filed an application under Section 482 of the Code before the High Court alleging that the concerned magistrate has no jurisdiction even to entertain the complaint even if the allegations contained therein are accepted in toto. According to them, no part of the cause of action arose within the jurisdiction of the concerned Court. The complaint itself disclosed that after 15.4.1997, the respondent left Nagercoil and came to Chennai and was staying there. All the allegations which are per se without any basis took place according to the complainant at Nagercoil, and therefore, the Courts at Chennai did not have the jurisdiction to deal with the matter. It was further submitted that earlier a complaint was lodged by the complainant before the concerned police officials having jurisdiction; but after inquiry no action was deemed necessary.

(3.) In response, learned counsel submitted that some of the offences were continuing offences. The appellant no.1 had initiated proceedings for judicial separation, the notice for which was received by her at Chennai and, therefore, the cause of action existed.