KUNTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the entire proceeding including the order dated 12-8-2004 passed by the S.D.J.M., Bihar Sharif taking cognizance against the petitioners under Section 307, 323 and 304 of the Indian Penal Code in Complaint Case No. 539 (C) of 2003.

(2.) The submissions of the learned counsel for quashing the order are two fold. His first submission is that the perusal of the entire complaint petition would show that there is no ingredient of Sections 307 and 504 of the Indian Penal Code. He further submitted that the order, taking cognizance in the case, is bad for lack of territorial jurisdiction. In support of his submissions, he referred to Sections 177 and 182 of the Code of Criminal Procedure.

(3.) Learned A. P.P. appearing for the State opposed the submissions and referred to Sections 460 and 462 of the Code of Criminal Procedure and submitted that the filing of a case in the district where no part of occurrence has taken place is an irregularity and would not vitiate the proceeding. He further submitted that Section 462 Cr. P.C. provides that no finding, sentence or order of any criminal Court shall be set aside merely on the ground that the enquiry, trial or other proceedings in the Courts of which it was arrived at or passed, took place in a wrong sessions, division, district, sub-division or other local area unless it appears that such order in fact has occasioned a failure of justice. But there is nothing to show that any miscarriage of justice was caused to the petitioner. He further submitted that there is allegation in the complaint that the petitioners assaulted O.P. No. 2 and tried to strangulate to death. Therefore, the complaint petition clearly disclosed offence under Sections 323, 307 I.P.C. and even if it be assumed that the allegations in the complaint do not disclose an offence under Section 504 I.P.C., for that matter the impugned order cannot be set aside. The petitioners can raise this objection during trial.