SMT. SUJATA MUKHERJEE versus PRASHANT KUMAR MUKHERJEE

SMT. SUJATA MUKHERJEE versus PRASHANT KUMAR MUKHERJEE

The complaint reveals a continuing offence of maltreatment and humiliation meted out to the appellant, with participation by all respondents on different occasions, thereby attracting Section 178(c) CrPC. Therefore, the Chief Judicial Magistrate, Raipur has jurisdiction to proceed with the case.

Parties
Appellant: Smt. Sujata Mukherjee; Respondent: Prashant Kumar Mukherjee; Respondent: State of Madhya Pradesh; Respondent: Other accused respondents (parents-in-law and sisters-in-law)
Jurisdiction
India
Judgment Date
30 April 1997
Procedural Posture
Criminal Appeal / Appeal From Decision of Madhya Pradesh High Court in Criminal Revision
Outcome
Appeals allowed
Legal Topics
Territorial Jurisdiction, Continuing Offence, Dowry Harassment
Criminal Law Criminal Procedure Territorial Jurisdiction Continuing Offence Dowry Harassment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Smt. Sujata Mukherjee

Appellant

Prashant Kumar Mukherjee

Respondent

State of Madhya Pradesh

Respondent

Other accused respondents (parents-in-law and sisters-in-law)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Decision of Madhya Pradesh High Court in Criminal Revision

Legal Issues

  1. 1 Whether the complaint regarding dowry demand and maltreatment is maintainable before the Chief Judicial Magistrate, Raipur given the alleged acts at Raigarh and Raipur.
  2. 2 Whether clause (b) or (c) of Section 178 of the Code of Criminal Procedure applies to the facts of the case.

Ratio Decidendi

The complaint reveals a continuing offence of maltreatment and humiliation meted out to the appellant, with participation by all respondents on different occasions, thereby attracting Section 178(c) CrPC. Therefore, the Chief Judicial Magistrate, Raipur has jurisdiction to proceed with the case.

Court Disposition

Appeals allowed

Orders

  • Impugned order of the High Court set aside.
  • Chief Judicial Magistrate, Raipur to proceed with the criminal case.