KRISHNA MURARI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 21.6.2005 passed by Sri Mukesh Upadhya, J.M. 1st Class, Biharsharif in Complaint Case No. 639(C) of 2001 whereby he has ordered to issue summons against the petitioners for facing trial for the offences under sections 494 and 114 of the Indian Penal Code.

(2.) HEARD .

(3.) LEARNED counsel for the petitioners submitted that the impugned order is bad in law. The alleged marriage took place in the district of Nawadah and, therefore, in view of Section 177 of the Code, the court at Nawadah only has jurisdiction to make enquiry and try the case and the court at Nalanda had no territorial jurisdiction to make enquiry and pass the order. He also contended that though PW. 1 has stated that Opposite Party No. 2 had been living separately for the last 12 years at her father's place, there is no such assertion in the complaint petition and this statement has not been corroborated by P.W. 2.