GOPAL JEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. V.P.Singh for the petitioners, Mr. P.C. Roy, on behalf of respondent No. 5 and Mr. P.D Agrawal. Government Advocate on behalf of respondents 1 to 4.

(2.) Invoking the jurisdiction under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ of mandamus, directing the respondents not to proceed with Sector IV P.S. Case No. 38/97 under Sections 304 (B), 405, 406/34 of the Indian Penal Code which has been registered on the basis of a complaint filed in the Court of C.J .M. at Bokaro. The petitioners have further prayed for quashing the order dated 19-8-1997 by which the Chief Judicial Magistrate. Bokaro, has issued process under Sections 82/83. Cr. P.C. against the petitioners. The only question of law which is to be decided in this case is as to whether the Bokaro Court has any jurisdiction to entertain a complaint and pass the impugned order when the incident took place at Varanasi and the police filed final form submitting that no foul play was committed in regard to the death and as such the police action is not necessary.

(3.) The facts of the case lie in a narrow compass.