MOHAN BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The accused in Nath Nagar Police Station case No. 122/98, is the appellant and assails the order of a learned single Judge of Patna High Court, dated 15-9-1999 passed in Criminal Writ Jurisdiction Case No. 359/99. On the basis of an FIR dated 4-7-98 by one Surendra Rajak at Police Station, Nath Nagar in the district of Bhagalpur, the Police registered a case under S. 304-B/34/406, IPC. The said Surendra Rajak also filed a complaint in the Court of Chief Judicial Magistrate, Bhagalpur against Dr. Binod Kumar and four others, alleging the commission of offence against those five persons under Ss. 304-B, 498-A, 120-B and 406, IPC. The complainant, Surendra Rajak, was the father of the deceased Kalpana and in the Complaint Petition, he narrated the chain of events starting from 9th of June, 1994, the date on which Kalpana was married to Binod Kumar till 12-6-1997, the date on which the father received a telephonic message that Kalpana had received burn injuries, while preparing milk for Kalpana's daughter and ultimately Kalpana died on 20th of June, 1997. As the Police did not proceed with the investigation in right earnest, Surendra Rajak had filed a writ petition, which was registered as Criminal Writ Jurisdiction Case No. 766/98. Even earlier to that writ petition, a learned single Judge of Patna High Court had directed by order dated 28-1-99 that the Superintendent of Police, Bhagalpur should submit a report, under what circumstances the accused persons have not been arrested yet. Rajak had all along apprehended that the investigation has not been proper, as the higher police officials tried to shield the accused persons. Police, however on completion of investigation, ultimately filed the charge-sheet on 3-4-99. Before the Magistrate took any further action in the criminal proceedings, the accused persons filed an application in the High Court, seeking a direction to the Magistrate, not to proceed with the matter. One of the ground taken before the High Court was that since the incident constituting the offence punishable under S. 304-B, IPC had taken place at Jahanaganj in the State of Uttar Pradesh, the Court at Bhagalpur lacks territorial jurisdiction to try the same. The High Court by the impugned judgment having dismissed the same, the accused persons have approached this Court.

(3.) At the outset, it may be noticed that immediately after filing of the charge-sheet and before the Magistrate took up the matter and passed any order in the criminal proceeding, the accused persons approached the High Court, assailing the territorial jurisdiction of the Magistrate at Bhagalpur to try the offence under S. 304-B, IPC.