SURESH DAS HARIJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application under sec. 482 of the Cr.P.C. has been filed for quashing the order of cognizance dated 18.1.2005 passed by learned S.D.J.M., Bhagalpur in complaint case no. 36 of 2004. thereby and thereunder the cognizance under sec. 498A of the IPC has been taken against this petitioner and others.

(3.) PERUSED the complaint petition. It appears that the marriage of the party took place as back as in the year 1983. The Opposite Party since then was living alongwith the petitioner in his house at Katihar. All alleged act of torture etc. took place in Katihar district. Ultimately, vide paragraph 12 of the complaint petition, the Opposite Party left Katihar alongwith her brother and began to live at his house situated in Bhagalpur district. There is no allegation that she was forcibly ousted from the house of her husband. Therefore, this case falls squarely under Sec.177 of the Cr.P.C. for the purpose of territorial jurisdiction and not under Sec.178 or 179 of the Cr.P.C. The Sec.177 of the Cr. P.C. runs as follow: ''