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2013 DIGILAW 52 (RAJ)

Jibran v. State of Rajasthan

2013-01-09

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 12.4.2012 passed by the learned Chief Judicial Magistrate, Churu in Criminal Regular Case No. 340/2012 rejecting the application under Section 177 Cr.P.C. filed on behalf of the petitioner. 2. The contention of the learned counsel for the petitioner is that none of the part of cause of action, whereby, the court at Churu can have the jurisdiction to try the case is available in the matter so as to justify continuance of the proceedings in the court of the learned CJM, Churu. Learned counsel thus submits that the order impugned deserves to be quashed. 3. Per contra, learned Public Prosecutor and learned counsel for the respondent No. 2 have pointed out to this Court that in the complaint as well as in the statement of the complainant, she has clearly mentioned that the 'stridhan' articles of the complainant were entrusted to the accused at Churu at the time of marriage. The said 'stridhan' articles were allegedly not returned back to the complainant despite a demand. It is contended that by virtue of Section 181(4) Cr.P.C., as the articles which are alleged to have been misappropriated were entrusted to the accused at Churu, the Court at Churu bears territorial jurisdiction to try the case. 4. Having heard learned counsel for the parties and upon perusal of the order impugned, it is apparent that the learned trial court has rightly recording the fact regarding entrustment of the 'stridhan' articles of the complainant having been made to the accused at Churu and thus Section 181(4) Cr.P.C. was rightly applied for holding that the part of cause of action arose at Churu. 5. In view of the aforesaid facts, this Court is of the opinion that the learned trial court has rightly rejected the application under Section 177 Cr.P.C. filed on behalf of the petitioner by the order impugned.Resultantly, this misc. petition as well as the stay petition being bereft of any force are hereby dismissed.Petition dismissed. *******