NAYEEM HASSAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and also learned counsel appearing for the State as well as learned counsel appearing for the opposite party no.2.

(2.) THIS application has been filed for quashing of the entire criminal proceeding of Complaint Case no.302 of 2007 including the order dated 13.5.2013 wherein prayer for dropping of the proceeding on account of lack of territorial jurisdiction was rejected.

(3.) ON such allegation, a complaint was registered as Complaint Case No.302 of 2007. After holding enquiry, the court took cognizance of the offence under Sections 498A, 323 and 506 of the Indian Penal Code. Thereafter the petitioners moved to this Court in Cr.M.P.No.1737 of 2007 for quashing of the order taking cognizance on the ground that the court does not have territorial jurisdiction. That application was disposed of directing the petitioners to raise all the grounds before the court below. Accordingly, the petitioners raised the question of territorial jurisdiction before the court below. The court, vide order dated 13.5.2013 did find that the court does have territorial jurisdiction after holding that it is the case of the prosecution that complainant having brutally assaulted by the accused persons was driven out from the house and was sent to her Khala's place at Ranchi for bringing money and thereby it is a continuing offence. Being aggrieved with that order, this application has been filed.