IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34750 of 2010 RAVINDRA KUMAR @ RABINDRA KUMAR VERMA Versus STATE OF BIHAR & ANR ----------- 2/ 27.10.2010 Heard learned counsel for the parties. The order taking cognizance may not be said to be bad merely because it was passed by a court, who did not have territorial jurisdiction over the matter. The S.D.J.M., Bagaha had passed the order on 30th July, 2010 in Complaint Case No. C- 756/07 though the occurrence appears taking place under the territorial jurisdiction of a similarly empowered court situated at Bettiah. The law is well settled that if the court is competent to hold an enquiry and pass an order as was done by the S.D.J.M., Bagaha, then the order by itself, may not be said to be bad. This principle is enshrined in section 462 of the Code of Criminal Procedure. What could be done in such a situation was that the case could be transferred to the court of appropriate jurisdiction. The District & Sessions Judge, West Champaran is directed to recall the above noted Complaint Case No. C-756 of 2009 (Seema Devi Vs. Ravindra Kumar and ors.) from the court of S.D.J.M., Bagaha to the court of S.D.J.M., Bettiah. The petition is dismissed with the above directions. Anil/ ( Dharnidhar Jha, J.)