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Madhya Pradesh High Court · body

2010 DIGILAW 991 (MP)

Bharat Singh v. State of M. P.

2010-09-29

INDRANI DATTA

body2010
ORDER 1. Petitioner have filed this petition under section 482 of CrPC for quashing FIR concerning Crime No. 196/2010 registered at P.S. Karera District Shivpuri against the petitioner under section 498-A IPC and 3/4 of Dowry Prohibition Act so also for quashing proceedings of Criminal Case No. 528/2010 pending in the Court of JMFC Karera District Shivpuri. 2. Facts in a nutshell are that written complaint was made by one Shashi Devi wife of petitioner No.2 Ajay to Police Station Digoda District Tikamgarh. As per that complaint, the complainant was married with petitioner No.2 in the year 2004 and after marriage petitioners started harassing and torturing her with respect to demand of dowry. On the day of Raksha-Bandhan complainant was kicked out from matrimonial house with a demand of Motorcyc1e. On that report Police Station Digoda has registered FIR No. 90/06 under section 498-A/34IPC and section 3/4 of Dowry Prohibition Act. The matter was investigated and challan was submitted before the JMFC Tikamgarh as per Annexure-A/3. In that case prosecution produced evidence and statements were recorded before the JMFC Tikamgarh and date was fixed for final hearing on 10.5.2010. On that date the petitioners raised objection with respect to territorial jurisdiction of the Court. That application was allowed as per Annexure-A/4 and the learned Court of JMFC Tikamgarh directed Police Station Digodha to file charge-sheet in competent Court. Thereafter challan has been referred to Police Station Karera and Police Station Karera on 2.6.2010 registered an FIR. Thereafter charge sheet was filed in the Court of JMFC Karera. Copy of the FIR and Final Report are Annexure-A/5 andA/6. The learned JMFC Karera without considering the matter rejected the objection filed by the petitioners as per Annexure-P/7 that the charge-sheet is barred by limitation under section 468 CrPC, giving rise to this petition. 3. It is contended by learned counsel for the petitioners that as per the provisions of Section 468 CrPC incident is dated 1.6.2006 and charge-sheet is submitted on 30.6.2010. Hence the charge-sheet is barred by limitation as contemplated under section 468 CrPC. It is further submitted that Police Station Karera did not investigate the matter and charge-sheet was filed, which is contrary to provisions. Hence all the proceeding~ concerning Crime No. 19612010 deserves to be quashed. 4. Learned Public Prosecutor has opposed the petition and prayed for its rejection. 5. It is further submitted that Police Station Karera did not investigate the matter and charge-sheet was filed, which is contrary to provisions. Hence all the proceeding~ concerning Crime No. 19612010 deserves to be quashed. 4. Learned Public Prosecutor has opposed the petition and prayed for its rejection. 5. It is alleged that the petitioners made demand of dowry at Karera District Shivpuri and allegations with respect to cruelty and torture were also committed at matrimonial home at Karera, therefore, case falls within the territorial jurisdiction of Karera District Shivpuri where alleged offence was committed. Hence, the learned JMFC Tikamgarh by order dated 10.5.2010 has rightly directed to five charge-sheet within territorial jurisdiction of the Court where alleged act of cruelty happened. The Hon'ble apex Court in Y. Abrahim Ajiith and others v. Inspector of Police Chennai and others reported in AIR 2004 SC 4286 has held that ordinary venue for trial of a crime is the area of jursidiction in which, on evidence, facts occur and which alleged to constitute the crime. Continuing offence as distinguishable to one which is committed once for all. 6. As the charge-sheet has been filed before the concerned Court of Tikamgarh within limitation and then by order dated 10.5.2010 of that Court as the alleged offence is committed at Karera charge-sheet was filed on 21.7.2010 before JMFC Karera. In computing the period of limitation, time during which petitioners have been prosecuted in Court of Tikamgarh is to be excluded under section 470 CrPC during which charge-sheet was filed before the JMFC Tikamgarh. 7. Considering the facts of the case. I find no reason to quash the FIR as well as criminal proceedings in Criminal Case No. 528/2010 pending before the JMFC Karera, District Shivpuri. Accordingly, this petiti9n is dismissed.