ARUN SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is directed against the order dated 21.8.2009 passed in P.C.R case no.240 of 2009 whereby and whereunder learned Magistrate having found prima facie case being made out under Sections 498A, 379/149 of the Indian Penal Code has issued summons against the petitioners under Section 203 of the Code of Criminal Procedure. The said order taking cognizance is being sought to be quashed on the ground that the court which has taken cognizance of the offences as aforesaid lacks territorial jurisdiction as no cause of action ever accrued at the place where the complaint was lodged.

(2.) AS against this, learned counsel appearing for the opposite party no.2 submits that one of the allegations does relate to the place to which the court which has taken cognizance does have territorial jurisdiction and hence, the order taking cognizance never warrants to be quashed.

(3.) FURTHER case of the complainant is that after coming to know all about this, when her brother came to Bandraha, he was abused and assaulted when he tried to mediate the things.Not only that the accused persons drove him as well as this complainant out of the house. Thereafter Panchayati took place at Yognidhan but in that course also the accused persons assaulted the complainant and his relative. On such allegation, complaint was lodged as P.C.R.case no.240 of 2009, upon which cognizance of the offence was taken under Sections 498A and 379/149 of the Indian Penal Code.