/ Order 06/08/2018 Instant petition has been preferred under Section 482 Cr.P.C. to assail the order passed by the two Courts below, whereby the application filed by the petitioner under Section 177 Cr.P.C. was dismissed. Petitioner, before Court below, had questioned the territorial jurisdiction of the trial Court to try the petitioner for offences punishable under Sections 498-A, 494, 406 and 120-B I.P.C. Admittedly, petitioner is being tried for commission of offence punishable under Section 406 I.P.C. also, which is an offence of criminal misappropriation or criminal breach of trust. Istridhan of complainant till today has not been returned. Section 181 sub Section (4) Cr.P.C. reads as under :- (2 of 2) [CRLMP-5720/2016]
181. Place of trial in case of certain offences. (1)
----------------------------------------------------------------------
----------------------------------------------------------------------
---------------------------------------------------------------------- (4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. (Emphasis supplied). A perusal of the said Section reveals that the petitioner was bound to return or account for dowry articles being istridhan of respondent/aggrieved-wife at the place where she is residing. The learned counsel appearing for the petitioner has relied upon the case of Y. Abraham Ajith and Others Vs. Inspector of Police, Chennai and another, reported as (2004) 8 S.C.C. 100, to contend that no territorial jurisdiction vests in the Court at Kota District. Admittedly, the complainant is residing within jurisdiction of District Kota. In the judgment relied, provisions of Section 181 sub Section 4 Cr.P.C. have not been considered, which has been duly considered in other judgments rendered by the Supreme Court, qua territorial jurisdiction in respect of Section 181 (4) Cr.P.C. Hence, there is no merit in the present petition and the same is, hereby, dismissed. (KANWALJIT SINGH AHLUWALIA),J ashok Powered by TCPDF (www.tcpdf.org)