1 2025:CGHC:13801-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1487 of 2021 Quadir Mahmood Khan S/o Mahmood Hassan Khan Aged About 31 Years R/o 407, Verginia Sundarban Phase-2, Azad Nagar, Mango Jamshedpur, P.S. Jamshedpur, District East Singhbhoom (Jharkhand) ... Petitioner(s) versus State Of Chhattisgarh Through Its Station House Officer, Mahila Thana, Ambikapur, District Surguja, Cjhhattisgarh ... Respondent(s) For Petitioner(s) : Mr.Anshuman Shrivastava, Advocate For Respondent(s) : Mr.Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice 22 .03 .2025 1. Heard Mr.Anshuman Shrivastava, learned counsel for the petitioner as well as Mr.Hariom Rai, learned Panel Lawyer appearing for the respondent/State. 2. The present petition has been filed by the petitioner with the following prayer: BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.03.24 10:16:04 +0530 2 “It is therefore most humbly prayed that the Hon’ble Court may kindly be pleased to allow the instant petition and may kindly be pleased to quash the F.I.R. dated 29.09.2018 registered as Crime No.20/2018 at Mahila Thana, Ambikapur (C.G.) along with the entire charge-sheet No.19/19 dated 27.06.2019 (Annexure P-1) wherein the petitioner has been charged under section 498A, 294, 506, 323, 34 of the Indian Penal Code and the entire criminal proceedings pending against the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner and his family members are innocent and have been falsely implicated in the instant case. As per Section 177 of CrPC, every offence shall ordinarily be inquired and tried by a court within whose local jurisdiction it was committed. By reading of entire charge-sheet, it is crystal clear that all alleged offences were committed in Jamshedpur i.e. State of Jharkhand, while FIR was lodged in Ambikapur (Surguja) of State of Chhattisgarh. He further submits that in PIR Column No. 5 (b) place of occurrence in mentioned as 407, Verginia Sundarban Phase-2. Azad Nagar, Mango Jamshedpur, Dist. Jamshedpur (Jharkhand) which is 450 kms away from Police Station – Ambikapur. In written complaint Smt. Hina Fatma has mentioned that all act of physical and mental cruelty was committed in her matrimonial house at Jamshedpur. This position is also clear in her statement recorded under Section 161 CrPC. He also submits that it is not shown that a part of cause of action had taken place in the Court at Surguja district where proceedings were instituted. Hence, the Court at Ambikapur had no jurisdiction to entertain such 3 complaint and charge-sheet. As such, the petition deserves to be allowed. 4. On the other hand, learned Panel Lawyer appearing for the respondent/State submits that in the present case, charges have been framed on 14.11.2024 and the case is fixed for recording of the evidence. 5. We have heard learned counsel for the parties and perused the documents appended with petition. 6. Considering the fact that charges have been framed on 14.11.2024 and the case is fixed for recording of the evidence, we do not find any good ground to entertain this petition. 7. Accordingly, the petition deserves to be and is hereby dismissed. A copy of this order be sent to the concerned trial Court for necessary compliance and follow up action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu