MD ALAUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This application under Section 482 Cr.P.C. has been filed to quash the order dated 30.3.2006 passed by Shri C.M. Jha, Judicial Magistrate, Danapur in Khagaul P.S. Case No. 79 of 2005 thereby and thereunder the court below has taken cognizance against the petitioner under Sections 498A, 307, 406/34 of the I.P.C.

(3.) In course of submission, the learned Counsel for the petitioner challenged the impugned order mainly on the point of territorial jurisdiction. It is submitted that all occurrence of torture etc. alleged 1o be taken place in the matrimonial house of the victim which falls within Phulwarisharif P.S., Patna, whereas the case was lodged before Khagaul P.S. which falls in Danapur Sub Division. Therefore, neither the police of Khagaul P.S. had power to register for investigate the case nor, the court of Darapur had power to take cognizance upon such investigation. For that the learned Counsel for the petitioner has relied upon a decision of the High Court reported in 2004(4) BBCJ 220.