NARAYAN CHAND MOKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 27.9.1997 passed in Complaint Case No.578 (C) of 1997 by the Chief Judicial Magistrate, Patna. By the said order, the learned Magistrate has taken cognizance for the offence under Sections 406, 408, 409, 417, 418, 421, 422, 423, 465, 468, 471 and 474 of the Indian Penal Code.

(2.) The sole ground in the present case has been taken by the learned counsel for the petitioner that the learned Chief Judicial Magistrate at Patna was not having jurisdiction to take cognizance in the present case. It was argued that entire cause of action arose within the jurisdiction of Jamshedpur and as such only a court of Jamshedpur was having jurisdiction to take cognizance of the offence. Learned counsel for the petitioner has relied upon provision contained in Section 181(4) of the Code of Criminal Procedure and he submits that for the offences for which learned Magistrate has taken cognizance the case can only be tried within the jurisdiction of Jamshedpur not at Patna.

(3.) Learned counsel for the petitioner has also relied upon a judgment of this Court reported in (Kameshwar Prasad Singh v. Nalanda Sales Corporation,1996 PLJR 574). He submits that in similar circumstances, this Court has held that a court can take cognizance of the offence in a case in which entire cause of action arose within his jurisdiction.