BIPAD TARAN DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) THE order dated 28.4.2009 passed by the then Judicial Magistrate, 1 st Class, Dhanbad in C.P. case no.1609 of 2008 under which cognizance of the offence has been taken under Section 498(A) of the Indian Penal Code against the petitioner is being sought to be quashed on the ground that the court who has taken cognizance had no territorial jurisdiction to take cognizance of the offence.

(3.) ACCORDINGLY, the order 28.4.2009 passed by the then Judicial Magistrate, 1st Class, Dhanbad is hereby quashed in view of the decisions rendered in cases referred to above, wherein the Hon'ble Supreme Court has been pleased to hold that cause of action having arisen within the jurisdiction of the court, where the offence was committed, could not be tried by the court where no part of offence was committed.