RAJIV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel, Mr. Mahendra Thakur, on behalf of the petitioners and the learned counsel, Mr. Yashraj Wardhan, on behalf of the complainant opposite party No.2.

(2.) This Cr. Misc. application under Section 482 Cr.P.C. has been filed by the accused petitioners for quashing the order dated 13.09.2010 passed by learned S.D.J.M., Hajipur (Vaishali) in Complaint Case No.C1-1044 of 2010 whereby the learned Court below took cognizance of the offence against the petitioners under Section 498A of the I.P.C. and Section 4 of Dowry Prohibition Act.

(3.) The learned counsel for the petitioners submitted that the complainant opposite party No.2 in the complaint application filed at Hajipur alleged that she was being assaulted and tourchered in connection with demand of dowry by the accused person at Jamshedpur. In the Complaint case, nowhere she alleged that any part of the offence alleged to have been committed is within the jurisdiction of the Court at Hajipur, therefore, the Court at Hajipur has no jurisdiction to try the offence alleged by the complainant opposite party No.2. In support of the contention, the learned counsel relied upon the decision : -