IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2023 of 2008 1. RADHA DEVI WIFE OF NAND KISHORE SHARMA 2. NAND KISHORE SHARMA , SON OF LATE DUKHAN SHARMA 3. AMIT KUMAR ALIAS AMIT KUMAR SHARMA, SON OF NAND KISHORE SHARMA ALL RESIDENTS OF BARARI TOLA , BARARI TEMPLE ROAD, P.S. BARARI, DISTRICT-BHAGALPUR. ------------------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. DHARMSHILA DEVI, WIFE OF AMIT KUMAR SHARMA DAUGHTER OF KUNDAN SHARMA, RESIDENT OF RAJABAR, P.S. KATORIA, DISTRICT-BANKA ---------------------- OPP.PARTIES. ----------- 3 15-12-2008 Through this application, the petitioners have prayed for the quashing of the order dated 7.12.2008 passed by Sri B.K.Pandey, Sub Divisional Judicial Magistrate, Banka in Complaint Case no.860 of 2004 whereby the petitioners’ prayer for their discharge has been rejected since according to him he had jurisdiction to try this case. The petitioners, as it appears, had earlier moved for quashing of the order taking cognizance which was dismissed up to the stage of the Apex Court giving liberty to the petitioners to agitate all the points before the trial court at the appropriate stage not necessarily restricted to the stage of Section 245 Cr.P.C. Thereafter, the petitioners moved the trial court for their discharge as the court had no territorial jurisdiction to try the case and the same was again dismissed giving cogent reasons for the same by the impugned order. From perusal of the impugned order, the learned Magistrate - 2 - has applied his mind in the facts and circumstances and the evidence adduced in the case and having considered the same dismissed the petition. Whatever submissions advanced by the learned counsel for the petitioners before me in respect of his prayer for discharge does not appear to be very cogent and is, in fact, his defence which cannot be looked into in the proceeding under Section 482 Cr.P.C. I find no merit in this application which is dismissed. ( Abhijit Sinha, J ) NKS/-