DEOKI BAZAZ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is taken out by one Deoki Bazaz @ Deoki Nandan Bazaz and Priti Bazaz praying for quashing of the proceedings in G.R. Case no. 179 of 2008 arising out of Raghunathpur P.S. Case no. 37 of 2008 dated 1.5.2008 under Section 498 A/34 I.P.C. , pending in the Court of learned ACJM, Raghunathpur, Purulia.

(2.) Mr. Rabi Sankar Chattopadhyay, learned Counsel for the petitioners makes two fold contention. The first point raised is that neither Raghunathpur P.S. has jurisdiction to investigate into the case nor the learned ACJM Raghunathpur has jurisdiction to take cognizance over the offence alleged so far as the petitioners are concerned. His second point of contention is that if the face value of the averments made in the FIR is considered, it will be found that there is no prima facie case under Section 498 A I.P.C. against the petitioners. The entire process, according to Mr. Chattopadhyay, is illegal, irregular, beyond jurisdiction and is liable to be quashed for being abuse of process of the Court.

(3.) Mr. Swapan Kumar Mallick, the learned Advocate for the State submits that an offence under Section 498 A I.P.C. is a continuos offence and being so, when the alleged torture which started at Asansole and continued at Raghunathpur, both the Raghunathpur P.S. and Asansole P.S. have jurisdiction to investigate in the case and both the Courts at Raghunathpur and Asansol can take cognizance of the same in view of Section 178 (c) of the Code of Cr.P.C. This apart, he submits, when investigation is concluded and charge-sheet is filed against the petitioners and one Tapas, this Court should not exercise its inherent power under Section 482 Cr.P.C.