Y. ABRAHAM AJITH AND ORS. versus INSPECTOR OF POLICE, CHENNAI AND ANR.

Citation: [2004] SUPP. 3 S.C.R. 604 · Decided: 17-08-2004 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Leave Granted & Allowed
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Judgment (excerpt)

A 
Y. ABRAHAM AJITH AND ORS. 
v. 
INSPECTOR OF POLICE, CHENNAI AND ANR. 
AUGUST 17, 2004 
B 
[ARIJIT PASAYAT AND C.K. THAKKER, JJ.] 
Code of Criminal Procedure, 1973: 
Section 177- "Ordinarily "-Meaning of-Held: The word 
C "ordinarily" indicates that the provision is a general one and must be read 
subject to the provisions contained in the Code-The exception implied by 
the word "ordinarily" need not be limited to those specially provided for 
by law. 
D 
Section 177-Place of trial-Held: It is the place where the offence 
is committed-In essence it is the cause of action for initiation of the 
proceedings against the accused. 
Section 177-"Cause of action "-Implication of-Held: In criminal 
E cases cause of action refers to the local jurisdiction where the offence is 
committed. 
Section 178(c)-"Continuing offence"-Meaning of-Held: Is one 
which is susceptible of continuance and is distinguishable from the one 
F which is committed once and for all. 
G 
Words & Phrases: 
"Ordinarily "-Meaning of-In the context of Section I 77 of the Code 
of Criminal Procedure, 1978. 
"Continuing offence "-Meaning of-In the context of Section l 78(c) 
of the Code of Criminal Procedure, 1978. 
Respondent No. 2 filed a complaint against the appellants alleging 
H commission of offences punishable under Sections 498-A and 406 of the 
604 
Y. ABRAHAM AJITH v. INSPECTOR OF POLICE, CHENNAI 
605 
Penal Code, 1860. After investigation a charge-sheet was filed against A 
the appellants before the Metropolitan Magistrate. At this stage the 
appellants filed an application before the High Court under Section 
482 of the Code of Criminal Procedure, 1973 alleging that the 
Magistrate had no jurisdiction to entertain the complaint as no part 
of the cause of action arose within the jurisdiction of the Court where B 
the complaint was filed. The High Court dismissed the ·application. 
Hence the appeal. 
On behalf of respondent No. 2, it was contended that the offences 
were continuing in terms of Section 178(c) of the Code and, therefore, C 
the Court had jurisdiction to entertain the complaint. 
Allowing the appeal, the Court 
HELD: I.I. Use of the word "ordinarily" in Section 177 of the Code 
of Criminal Procedure, 1973 indicates that the provision is a general D 
one and must be read subject to the special provisions contained in the 
Code. (609-G-H; 610-A) 
1.2. The exception implied by the 'word "ordinarily" need not be 
limited to those specially provided for by the law and exceptions may E 
be provided by law on consideration or may be implied from the 
I 
, 
1 
provisions of law permitting joint trial of offences by the same Court. 
No such exception is applicable to the case at hand. (610-B) 
Purushottamdas Dalmia v. State of West Bengal, AIR (1961) SC F 
1589, L.N. Mukherjee v. State of Madras, AIR (1961) SC 1601, Banwarilal 
Jhunjunwalla v. Union of India, AIR (1963) SC 1620 and Mohan Baitha 
v. State of Bihar, [2001) 4 SCC 350, relied on. 
2. Continuing offence is one which is susceptible of continuance 
and is distinguishable from the one which is committed once and for G 
all; that it is one of those offences which arises out of the failure to obey 
or comply with a rule or its requirement and which involves a penalty, 
liability continues, till compliance, that on every occasion such 
'disobedience of non-compliance occurs or recurs, there is the offence 
committed. (610-C-D) 
H 
606 
SUPREME COURT REPORTS [2004) SUPP. 3 S.C.R. 
A 
State of Bihar v. Deokaran Nenshi, AIR (1973) SC 908, relied on. 
3.1. In terms of Section 177 of the Code it is the place where the 
offence is committed. In essence it is the cause of action for initiation 
of the proceedings against the accused. 1610-H; 611-A) 
B 
3.2. While in civil cases, normally the expression "cause of action" 
is used, in criminal cases as stated in Section 177 of the Code, reference 
is to the local jurisdiction where the offence is committed. These 
variations in etymological expression do not really make the position 
different. The expression "cause of action" is, therefore, not a stranger 
C to criminal cases. [611-A-B) 
4. The expression "cause of action" has acquired a judicially 
settled meaning. In the restricted sense, cause of action means the 
circumstances forming the infraction of the right or the immediate 
occasion for the action. In the wider sense, it means the necessary 
D conditions for the maintenance of the proceeding including not only the 
alleged infract
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