BABBAN MAURYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the opposite party No. 2.

(2.) The petitioners have challenged the order of the sub-Divisional Judicial Magistrate. Sasaram, by which he has held that territorial jurisdiction lies with the Court situated at Sasaram. The petitioners have contended that since the occurrence has taken place at Ballia (in the State of U. P.) and because he is resident of Ballia (in the State of U. P.) the territorial jurisdiction would be within the Courts at Ballia.

(3.) The question which is to be determined is where the trial should be held. Section 177 of the Code of Criminal Procedure reads as follows :-