RAM SWARTH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present application preferred under Section 482 of the Code of Criminal Procedure (for short „Cr.P.C.?), the petitioners have challenged the order dated 21.07.2016 passed by the learned Sessions Judge, Darbhanga in Cr. Revision No. 193 of 2016 whereby the revision petition preferred by the petitioners against the order dated 11.03.2016 passed by the learned Sub-Divisional Judicial Magistrate, Benipur in Complaint Case No. 231 of 2015 corresponding to Trial No. 587 of 2016 has been dismissed and the impugned order passed by the learned Sub-Divisional Judicial Magistrate has been upheld.

(2.) By the aforestated order dated 11.03.2016, the learned Sub-Divisional Judicial Magistrate, Benipur had summoned the petitioners in exercise of powers conferred under Section 204 of the Cr.P.C. after taking cognizance of the offences punishable under Section 498-A of the Indian Penal Code (for short „IPC?) and Sections 3 and 4 of the Dowry Prohibition Act, 1986.

(3.) The challenge to the order passed by the learned Sub- Divisional Judicial Magistrate in the revision petition was mainly based on the ground that having regard to the allegations made in the complaint, since no part of cause of action had arisen within the territorial jurisdiction of the learned Sub-Divisional Judicial Magistrate, Benipur he had no jurisdiction either to inquire into the matter or to summon the petitioners to hold trial for the offences under Section 498-A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.