Dheeraj Jain and Ors. vs State of U.P and Anr. (Equivalent Citations: I (2008) DMC 10) (All.HC)
5. The main contention of the applicant is that the Court at Saharanpur has no jurisdiction to entertain the present case because no cause of action or part of cause of action accrued within the limits of District Saharanpur. According to applicant even if the allegations as made in the First Information Report, although denied by him, are taken to be correct, the incident of alleged harassment and mental torture took place in the sasural of the informant which is situated in Delhi and therefore the Court at Saharanpur has no jurisdiction to entertain the case.
6. In this matter it will be useful to refer Section 177, Cr. P.C. which provides that every offence shall ordinarily be enquired into and tried by a Court within whose local jurisdiction it was committed.
7. The offence under Section 498, I.P.C is not a continuing offence. In this case whatever offence is alleged to have been committed is within the area of Delhi and not in Saharanpur and, therefore, the Court at Saharanpur has no jurisdiction to try this case. In this connection the reference can be made to the cases of Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. and Ramesh and Ors. v. State of Tamil Nadu I (2005) CCR 245 (SC) : 2005 SCC (Criminal) 735. In these cases it has been held that the trial for the offence under Section 498, I.P.C. can take place where the incident is alleged to have been committed.