AMIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 5.6.2010 passed by the Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in Complaint Case No. 1051-C of 2005 by which the petition filed on behalf of the petitioners for dismissal of the complaint on account of jurisdictional error has been rejected and also for quashing the order dated 3.12.2010 passed by the learned 4th Additional Sessions Judge, Nalanda at Biharsharif in Cr. Revision No. 233 of 2010 by which revision application has been rejected and the order of the court below has been affirmed.

(2.) In this case basically the petitioners have challenged the jurisdiction of Nalanda Court for taking cognizance in the case as counsel for the petitioners has raised grievance that all alleged action as per the complaint petition has taken place within territorial jurisdiction of Gaya Court and as such the order of cognizance taken by the Magistrate and affirmance of the same by the sessions court is completely illegal.

(3.) From the record it appears that earlier the case was also filed by the complainant against the petitioners within jurisdiction of Nalanda Court which ended into compromise between the parties and subsequently again the complainant was treated with cruelty which led to filing of the present case.