Case Facts:
Patna High Court Cr.Misc. No.13195 of 2011 (4) dt.07-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13195 of 2011 ===================================================== 1. Om Prakash Pandey , son of Janardan Pandey 2. Janardan Pandey, son of Late Jagarnnath Pandey 3. Shanti Devi, wife of Janardan Pandey All residents of village - Semaraha, P.O. – Belaur, P.S. – Panapur, District - Saran At present residents of House No. 4593, 1st Floor, Sector - 3, Faridabad, Haryana. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Nitu Devi, wife of Om Prakash Pandey and daughter of Rajdeo Pandey, resident of village - Bangara, P.S. Baikunthpur, District - Gopalganj. .... .... Opposite Party/s ===================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4 07-11-2012 Heard Sri Nagendra Rai, learned counsel for the petitioners and Sri Manoj Kumar No. 1, learned A.P.P. Despite valid service of notice, complainant / opposite party no. 2 has preferred not to appear. Three petitioners, while invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 4.2.2011 passed by learned Sub Divisional Judicial Magistrate, Gopalganj, in Complaint Case No. 2590 of 2008, Tr. No. 1908 of 2011. By the said order learned Magistrate has taken cognizance of offence under [STATUTE] and Sections 3 Patna High Court Cr.Misc. No.13195 of 2011 (4) dt.07-11-2012 & 4 of the Dowry Prohibition Act. Since learned counsel for the petitioners has assailed the order of cognizance only on the ground of lack of territorial jurisdiction of the court which has passed the order of cognizance, there is no need to delve into the details of the matter. It was submitted by learned counsel for the petitioners that no cause of action arose within the territorial jurisdiction of Gopalganj court, and as such, the order of cognizance is liable to be set aside since the concerned Magistrate was having no territorial jurisdiction. Besides hearing learned counsel for the parties, I have also perused the materials available on record including the complaint petition. In the complaint petition it has been categorically stated that marriage was solemnized on 12.6.2006 according to Hindu rites. It has been asserted that prior to marriage demand of Rs. 1,00000/- and a Hero Honda motor cycle was made, which could not be fulfilled. However, at the time of marriage other articles were given. Since in the complaint petition there is specific assertion that demand of dowry was made, meaning thereby, that part of cause of action arose within the territorial jurisdiction of the court where order Patna High Court Cr.Misc. No.13195 of 2011 (4) dt.07-11-2012 of cognizance was passed. It is true that in the complaint petition major portion of the accusation has been said to have been committed within the district of Saran (Chapra), but fact remains that from perusal of the complaint petition it appears that some of the cause of action arose within the territorial jurisdiction of the court at Gopalganj. In view of Section 178(2) of the Cr.P.C. order of cognizance in such situation can not be assailed. I do not find any ground for interference with the impugned order. The petition stands dismissed. Praful/- (Rakesh Kumar, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.