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2008 DIGILAW 211 (CHH)

RAGHUBIR SINGH v. STATE OF C. G.

2008-08-22

T.P.SHARMA

body2008
ORDER 1. This petition is filed for quashment of proceedings in Criminal Case No.1709/2006 pending before the Judicial Magistrate, First Class, Raipur for offence punishable under Section 498-A read with Section 34 of the I.P.C. on the ground that the trial Court has exceeded the territorial juridiction of trial of the case. 2. I have heard learned counsel for the parties, perused the copies of the order sheets and copy of the charge sheet filed by the applicants. 3. It is argued on behalf of the applicants that according to the first information report and the statements of the witnesses recorded under Section 161 of the Cr.P.C. it is evident that the cause of action arose at District Durg not within the territorial jurisdiction of the Court situated at Raipur. Continuation of proceedings before the Court having no jurisdiction will amount to abuse of the process of the Court. 4. On the other hand, learned counsel appearing on behalf of the State/non-applicant No.1 opposed the application and submitted that the applicants had already filed application relating to tenability of the case before the trial Court under Sections 177 & 178 of the Cr.P.C. same is pending consideration before the trial Court, therefore, the present petition is not tenable. 5. This is a petition filed under Section 482 of the Cr.P.C. Interference in exercise of inherent jurisdiction under Section 482 of the Cr.P.C. can be made in rarest of rare cases with a view to give effect to the order under the Code to prevent abuse of process of the Court and to otherwise secure the ends of justice. 6. This petition has been filed for quashing of the proceedings pending before the Judicial Magistrate, First Class, Raipur in Criminal Case No.17091 2006 which is neither just nor proper. Trial is at the stage of conclusion and this is not a case for invoking the extra ordinary jurisdiction. 7. Copies of the order sheets of the trial Court reveal that the applicants have already filed objection/application relating to jurisdiction of the trial Court under Sections 177 & 178 of the Cr.P.C, same is pending consideration. The applicants having altemative remedy to agitate the matter before the trial Court, have invoked the original jurisdiction and the applicants have already applied for appropriate remedy before the trial Court. The applicants having altemative remedy to agitate the matter before the trial Court, have invoked the original jurisdiction and the applicants have already applied for appropriate remedy before the trial Court. In the circumstances, invoking extra ordinary jurisdiction of this Court is not proper in this case. 8. Consequently, the petition is dismissed in limine. However, the applicants shall be at liberty to avail appropriate remedy before the trial Court at proper stage. LA.No.1I2008, application for stay, stands disposed of. Petition Dismissed.