SUDAMA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHICH of the two courts - the Magisterial court at Gopalganj or the one in Saran at Chapra - had the territorial jurisdiction to entertain and adjudicate the complaint petition preferred by the complainant, impleaded as O.P. No. 2 herein, is the significant issue which falls for decision in this application under Section 482 Cr.P.C.

(2.) THE five petitioners herein have filed the application for quashing of the entire criminal proceeding arising from Complaint Case No. 980(c) of 2005 including the order dated 26.9.2006, passed therein by the learned Sub - Divisional judicial Magistrate, Gopalganj on the ground that the same was without jurisdiction.

(3.) IT has been submitted by the learned Counsel for the petitioners that the learned Sub -Divisional Magistrate had no jurisdiction to entertain the complaint when it the allegations contained therein are accepted in toto since no part of the cause of action arose or took place within the jurisdiction of the court of learned Sub - Divisional Magistrate at Gopalganj. In this connection it was submitted that the complaint itself disclosed that after the marriage she went to the marital home and after six months of marital bliss she was taunted and demands of additional dowry was made. Even the story of torture by the in - laws and husband and the attempt to burn her took place in the marital home in village Rasulpur in the District of Saran. As such the court of at Gopalganj had no jurisdiction to deal with the matter.