LAWS(PAT)-2007-8-63

PRANNATH GUPTA Vs. THE STATE OF BIHAR

Decided On August 08, 2007
Prannath Gupta Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite party.

(2.) THIS application has been filed by the petitioners for quashing of the order of cognizance dated 9.10.2006 passed by learned S.D.J.M., Bhagalpur and the entire complaint case bearing no. 1607 of 2005.

(3.) IN this connection, learned counsel for the petitioner has relied upon a judgment of the Apex Court in the case of Y. Abraham Ajith & Ors. vs. Inspector of Police, Chennai, reported in AIR 2004 S.C. 4286. In that case the Apex Court in some what identical circumstances held that as the complainant had not disclosed any demand of dowry or commission of any act at the place within the jurisdiction of the court, the complaint was not maintainable and as such the Apex Court quashed the cognizance order and allowed the appeal of the appellants.