GAJADHAR NATH SEN Vs. RAMRUP MAHTO

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the prosecution of the petitioners under Sections 420 and 120-B of the Indian Penal Code (hereinafter referred to as 'the Code').

(2.) On 24-1-1972 a complaint was filed by Ramrup Mahto Opposite party in the Court of Subdivisional Officer Sadar Darbhanga.

(3.) When the case was pending in the Court of a Magistrate, the petitioners had moved this Court earlier in Criminal Miscellaneous No. 2213 of 1975 which was disposed of on 22-4-1977 by S. Ali Ahmad, J. It appears that the point urged before S. Ali Ahmad. J., in that application was that the Darbhanga Court had no jurisdiction to take cognizance of the offence and issue processes, as the offence had been committed, upon the allegations, at Gaya. S. Ali Ahmad, J., therefore, remanded back the case to learned Magistrate to determine first the question of jurisdiction after giving opportunity to the parties to lead evidence on that point.