1969 P Cr (PLP)

Manzoor Hussain for A. A.‑G. for the State. Mrs. Salima Nasiruddin for Respondent No.

2. Date of hearing : 8th July 1968. This is an application in revision by Mst. Ghulam Zohra against the order passed by the learned Additional Sessions Judge, Karachi, dated 12th December 1967, upon an application in revision made to him by Muhammad Yaqoob, who had made a complaint against the applicant charging her of an offence under section 494, P. P. C. The allegations in complaint were that one Fazal Karim and four others had enticed Mst. Ghulam Zohra alias Ghulam Fatima from Karachi and took her to Jhelum where Fazal Karim and Mst. Ghulam Zohra entered into a marriage bond during the subsistence of the first marriage between Muhammad Yaqoob and Mst. Ghulam Zohra. The learned Sub‑Divisional Magistrate, Nazimabad, Karachi, who took cognisance of this complaint found a prima facie case under section 494, P. P. C. against Mst. Ghulam Zohra and Fazal Karim. They were summoned through bailable warrants. Mst. Ghulam Zohra appeared in obedience to the process issued against her, but Fazal Karim did not turn up. On a preliminary objection, the learned S. D. M. took the view that the offence of bigamy was triable only at the place at which the second marriage took place as envisaged by section 177, Cr. P. C. Therefore, he opined that Courts at Karachi had no jurisdiction to try the offence under section 494, P. P. C. and accordingly discharged the accused under section 253(2), Cr. P. C. On .revision the order of discharge was set aside and the learned Magistrate was directed by the learned Additional Sessions Judge to proceed with the case against Mst. Ghulam Zohra and Fazal Karim according to law.

2. It is evident that so far as principal part of the complaint is concerned, it disclosed only offence under section 494, P. P. C. It may be that the evidence which was yet to come on the record may disclose an offence under section 498, P. P. C. and for that Fazal Karim could only be arranged for trial before a Magistrate in Karachi.

3. In the instant case I have to consider only the applicability of section 177 of the Code of Criminal Procedure which provides that "every offence shall ordinarily be incurred into and tried by a Court within the local limits of whose jurisdiction it was committed". The reading of the section makes it clear that it is only that Court within whose jurisdiction the offence of bigamy was committed could try the accused charged with that offence. In the instant case the marriage between Mst. Ghulam Zohra and Fazal Karim admittedly took place in Jhelum which is outside the jurisdiction of the Magistrate at Karachi. I, therefore, hold that Karachi Courts have no jurisdiction A to try the accused who are alleged to have committed the offence of bigamy under section 494, P. P. C. in Jhelum. Hence, the order of the learned Magistrate dated 30th May 1967 must stay.

4. The result is that I hold that the order passed by the learned Additional Sessions Judge cannot hold the field. I, therefore, accept this application in revision and set aside the order of the learned Additional Sessions Judge. Petition accepted.