BIJAY SHANKAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By way of the present application under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of the notice dated 06.04.2015 passed by the learned Judicial Magistrate, 1st Class, Aurangabad in MHL (D.V.) No. 5/ 15/ Tr. No. 2083 of 2015, whereby and where under the petitioner has been directed to appear either in person or through his counsel before the learned Magistrate on 22nd April, 2015.

(2.) Learned counsel for the petitioner has submitted that the complaint made by opposite party no. 2 is absolutely false. As a matter of fact, no demand of dowry was ever made from her and she was never subjected to any cruelty at her matrimonial home. It has further been contended that the petitioner resides at Patna City and the instant complaint has been filed in Aurangabad just in order to humiliate and harass the petitioner. He has further contended that opposite party no. 2 has also filed a complaint case under Sec. 498-A of the Indian Penal against the petitioner and his relatives before the learned ACJM, Patna City.

(3.) Learned counsel for opposite party no. 2 has submitted that there is no merit in this application. The opposite party is presently residing at Aurangabad and the Court of Magistrate at Aurangabad has jurisdiction to entertain an application under Sec. 27 of the Protection of Women from Domestic Violence Act, 2005 (for short "the Act").