NITIN SAGAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 8.10.2012 passed in Complaint Case No. 1545(C) of 2012 by the learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, whereby cognizance has been taken for the offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and processes have been ordered to be issued against the accused petitioners for facing trial. Learned counsel appearing on behalf of the petitioners has raised a very short question regarding lack of territorial jurisdiction of the learned Magistrate. According to him, as per complaint petition vide Annexure-1 itself, the occurrence in question has taken place either at Darbhanga or at Mumbai and no cause of action has arisen within the territorial jurisdiction of the learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran. Therefore, according to him, the order taking cognizance is not sustainable in law.

(2.) It is well settled that question of jurisdiction has to be raised at the first instance before the learned trial court itself and is required to be tested after looking into the materials available on record. Reference can be made to a judgment of the Hon'ble Apex Court in the case of Krishna Kumar Variar vs. Share Shoppe, 2010 2 PCCR(SC) 336 The Hon'ble Apex Court in the identical matters in the case of Trisuns Chemical Industry vs. Rajesh Agarwal, 1999 AIR(SC) 3499 has laid down the law that the Magistrate taking cognizance of offence need not have territorial jurisdiction to try the case as well. Any Judicial Magistrate of First Class has power to take cognizance of any offence, whether committed within his jurisdiction or not. Quashing of order taking cognizance by a High Court on that ground has been held to be improper and premature. However, it has further held that if cause of action has not arisen within the territorial jurisdiction of a particular Magistrate, then he cannot proceed with the trial.

(3.) In the aforesaid facts and circumstances and in view of the law laid down by the Hon'ble Apex Court, as referred to above, this Court is not inclined to interfere with the impugned order at this stage. In the result, the application is dismissed. However, the petitioners will be well advised to raise the question of jurisdiction before the learned trial court. If such a petition is filed on behalf of the petitioners, then the same shall be considered and decided strictly in accordance with law in the light of the judicial pronouncements made by the Hon'ble Apex Court.