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Tag: CrPC 177 – Ordinary Place of Inquiry and Trial

Priya Indoria Vs State of Karnataka and Ors on 20 Nov 2023

Posted on November 23, 2023 by ShadesOfKnife

A division bench of Supreme Court passed this Judgment around filing of anticipatory bail petition u/s 438 Cr.P.C.

From Paras 40-41, 44-47, (Regd grant of limited Anticipatory bail in HC/Sessions Court in accused’s local State, outside the State in which FIR is registered)

40. We are conscious that this may also lead the accused to choose the Court of his choice for seeking anticipatory bail. Forum shopping may become the order of the day as the accused would choose the most convenient Court for seeking anticipatory bail. This would also make the concept of territorial jurisdiction which is of importance under the CrPC pale into insignificance. Therefore, in order to avoid the abuse of the process of the Court as well as the law by the accused, it is necessary for the Court before which the plea for anticipatory bail is made, to ascertain the territorial connection or proximity between the accused and the territorial jurisdiction of the Court which is approached for seeking such a relief. Such a link with the territorial jurisdiction of the Court could be by way of place of residence or occupation/work/profession. By this, we imply that the accused cannot travel to any other State only for the purpose of seeking anticipatory bail. The reason as to why he is seeking such bail from a Court within whose territorial jurisdiction the FIR has not been filed must be made clear and explicit to such a Court. Also there must be a reason to believe or an imminent apprehension of arrest for a non-bailable offence made out by the accused for approaching the Court within whose territorial jurisdiction the FIR is not lodged or the inability to approach the Court where the FIR is lodged immediately.
41. Having regard to the vastness of our country and the length and breadth of it and bearing in mind the complex nature of life of the citizens, if an offence has been committed by a person in a particular State and if the FIR is filed in another State and the accused is a resident in a third State, bearing in mind access to justice, the accused who is residing in the third State or who is present there for a legitimate purpose should be enabled to seek the relief of limited anticipatory bail of transitory nature in the third State.
44. Further, on a reading of Section 438 of CrPC, we do not find that the expression “the High Court” or “the Court of Session” is restricted vis-à-vis the local limits or any particular territorial jurisdiction. However, this does not mean that if an FIR is lodged in one State then the accused can approach the Court in another State for seeking anticipatory bail. He can do so, if at the time of lodging of the FIR in any State, he is residing or is present there for a legitimate purpose in any other State. In fact, on a reading of Section 438 of CrPC, it does not emerge that the expression “the High Court” or “the Court of Session” must have reference only to the place or territorial jurisdiction within which the FIR is lodged. If that was the implication, the same would have been expressly evident in the Section itself or by a necessary implication. Further use of the word “the” before the words “High Court” and “Court of Session” also does not mean that only the High Court or the Court of Session, as the case may be, within whose jurisdiction the FIR is filed, is competent to exercise jurisdiction for the grant of transit anticipatory bail.
45. At the same time, we are also mindful of the fact that the accused cannot seek full-fledged anticipatory bail in a State where he is a resident when the FIR has been registered in a different State. However, in view of what we have discussed above, he would be entitled to seek a transit anticipatory bail from the Court of Session or High Court in the State where he is a resident which necessarily has to be of a limited duration so as to seek regular anticipatory bail from the Court of competent jurisdiction. The need for such a provision is to secure the liberty of the individual concerned. Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of the Constitution of India and since we have extended the concept of access to justice to such a situation and bearing in mind Article 14 thereof it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail. Otherwise, in a deserving case, there is likelihood of denial of personal liberty as well as access to justice for, by the time the person concerned approaches the Court of competent jurisdiction to seek anticipatory bail, it may well be too late as he may be arrested. Needless to say, the Court granting transit anticipatory bail would obviously examine the degree and seriousness of the apprehension expressed by the person who seeks transit anticipatory bail; while the object underlying exercise of such jurisdiction is to thwart arbitrary police action and to protect personal liberty besides providing immediate access to justice though within a limited conspectus.
46. If a rejection of the plea for limited/transitory anticipatory bail is made solely with reference to the concept of territorial jurisdiction it would be adding a restriction to the exercise of powers under Section 438. This, in our view, would result in miscarriage and travesty of justice, aggravating the adversity of the accused who is apprehending arrest. It would also be against the principles of access to justice. We say so for the reason that an accused is presumed to be innocent until proven guilty beyond reasonable doubt and in accordance with law. In the circumstances, we hold that the Court of Session or the High Court, as the case may be, can exercise jurisdiction and entertain a plea for limited anticipatory bail even if the FIR has not been filed within its territorial jurisdiction and depending upon the facts and circumstances of the case, if the accused apprehending arrest makes out a case for grant of anticipatory bail but having regard to the fact that the FIR has not been registered within the territorial jurisdiction of the High Court or Court of Session, as the case may, at the least consider the case of the accused for grant of transit anticipatory bail which is an interim protection of limited duration till such accused approaches the competent Sessions Court or the High Court, as the case may be, for seeking full-fledged anticipatory bail.
47. There can also be a case where the accused is facing multiple FIRs for the same offence in several States. He may seek an interim protection from a particular Sessions Court or the High Court in a State. Does he have to move from State to State for the purpose of seeking anticipatory bail or seek multiple pre-arrest bails? We would not attempt to give an answer to such a situation as the facts of the present case do not involve such a situation.

From Para 48, (Regd diluting the jurisdiction of Court to try the Sec 498a IPC cases, by going against many earlier judgments)

48. Another issue that calls for reiteration is, whether, the ordinary place of inquiry and trial would include the place where the complainant-wife resides after being separated from her husband. The position of law regarding the ordinary place of investigation and trial as per Section 177 of the CrPC, especially in matrimonial cases alleging cruelty and domestic violence, alleged by the wife, has advanced from the view held in the case of State of Bihar vs. Deokaran Nenshi, (1972) 2 SCC 890; Sujata Mukherjee (Smt.) vs. Prashant Kumar Mukherjee, (1997) 5 SCC 30; Y. Abraham Ajith vs. Inspector of Police, Chennai, (2004) 8 SCC 100, Ramesh vs. State of T.N. (2005) 3 SCC 507; Manish Ratan vs. State of M.P., (2007) 1 SCC 262 that if none of the ingredients constituting the offence can be said to have occurred within the local jurisdiction, that jurisdiction cannot be the ordinary place of investigation and trial of a matrimonial offence. A three judge Bench of this Court has however clarified in Rupali Devi vs. State of U.P., (2019) 5 SCC 384 (Rupali Devi) that adverse effects on mental health of the wife even while residing in her parental home on account of the acts committed in the matrimonial home would amount to commission of cruelty within the meaning of Section 498A at the parental home. It was held that the Courts at the place where the wife takes shelter after leaving or being driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, depending on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A of the IPC.

Priya Indoria Vs State of Karnataka and Ors on 20 Nov 2023

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 177 - Ordinary Place of Inquiry and Trial CrPC 438 - Anticipatory Bail Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Priya Indoria Vs State of Karnataka and Ors Reportable Judgement or Order | Leave a comment

Rupali Devi Vs State of UP and Ors on 09 April, 2019

Posted on April 9, 2019 by ShadesOfKnife

A clear attempt to link circumstances to a pre-judged conclusion by Hon’ble CJ of India himself. At best, this is just an attempt to let go off one of the many grounds husband’s can take in their Discharge and Quash petitions, going against such landmark precedents.

If this assumption is allowed to continue, ablanaris will claim, her hubby dear comes in her dreams and molests, threatens, harasses, violates her & thereby it is a continuing offence as per Black&White Dictionary and attracts 179 CrPC squarely, and consequently your’s truly will wag their tails (heads may be) to it too.

One Gem from this Judgment:

Even the silence of the wife may have an underlying element of an emotional distress and mental agony.

Alright. Little bit of difficulty in travel involved. We will use 20 other grounds, Mr. CJI. We also have clubbing of cases judgment and many more judgments on our side.

Frankly speaking, one has to see the caveat laid by Supreme Court in this judgment. Only when the Prosecution can establish that there was threat to the life and/or limb of the knife due to which the false case if institute out side the Jurisdiction, where the alleged offence has happened as mentioned in the Complaint, this judgment can be gainfully invoked.

The Key element is this “compelled the wife to leave the matrimonial home and take shelter with her parents“. As long as the Prosecution documents do not prima facie exhibit the above criteria, the ground of Territorial Jurisdiction is still a valid ground to see Discharge or Quash from a false case.

Go here.

Rupali Devi Vs State of UP and Ors on 09 April, 2019

My Note:

This is a bad judgment because, we all know the complainant may invoke Zero FIR at her place of residence/parental/shelter home which may be transferred to the location where there is actual territorial jurisdiction to the alleged offence. Or the parents or relative or any good Samaritan can file a report under sec 154(1) to a nearby police station, and again that PS has to register a Zero FIR. Moreover, the complaint’s case is fought by the State via Public Prosecutor and the Chief examination is done via affidavit these days and even that may be one of the instances when the complaint has to appear before Court. Due to technological advances which are expedited by COVID-19 pandemic, even the oath taken at such instance can be made via Video conference. Even the Cross can be conducted via Video conference.

Then what was the need to muddle the sacred principle of territorial jurisdiction enshrined under CHAPTER XIII provisions of Cr.P.C.?


Citations: [2019 SCC 5 384], [2019 SCC ONLINE SC 493], [2019 AIR SC 1790], [2019 KLJ 2 601]

Other Source links:

https://indiankanoon.org/doc/78252061/

https://www.legitquest.com/case/rupali-devi-v-state-of-uttar-pradesh/11C400

Woman driven out of matrimonial home can file case under Section 498-A from the place she has taken shelter at [Full Report]

https://www.casemine.com/judgement/in/5cb00bc54a9326247ab05a22

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment CrPC 177 - Ordinary Place of Inquiry and Trial CrPC 178 - Place of Inquiry or Trial CrPC 179 - Offence Triable Where Act is Done or Consequence Ensues CrPC 472 - Continuing offence IPC 498A - No Limit Territorial Jurisdiction Judiciary Antics Landmark Case Legal Procedure Explained - Interpretation of Statutes Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Reportable Judgement or Order Rupali Devi Vs State of UP and Ors Statement of Objects and Reasons | Leave a comment

CrPC 177 – Ordinary place of inquiry and trial

Posted on May 5, 2018 by ShadesOfKnife

177. Ordinary place of inquiry and trial.

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 177 - Ordinary Place of Inquiry and Trial | Leave a comment

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