KARTIK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS have challenged the order dated 30th June, 2004, passed by the learned Additional Sessions Judge, ghatshila in Sessions Trial No. 260 of 2003, whereby the prayer of the petitioners for their discharge in the case under Section 227 of the Cr. P. C. was dismissed.

(2.) THE main ground of the petitioner in support of his prayer is that the learned court below has passed the impugned order in a mechanical manner without application of judicial mind and failing to consider that even according to the entire allegations in the F. I. R. , no offence under Sections 313 and 414 of the Indian Penal Code is made out at all and further, that the Court below has failed to consider the fact that it had no territorial jurisdiction to entertain the complaint and proceed with the trial against the petitioners, since even according to the allegations in the F. I. R. , the entire acts of offence as alleged against the petitioners, were confined to places other than the parental house of the complainant at Ghatshila and not on any place within the territorial jurisdiction of the Court below.

(3.) HEARD the learned counsel for the petitioners and the learned counsel for the Opposite Party No. 2 as also the learned counsel for the State.