IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18223 of 2003 SHIV KUMAR PATAWA Versus STATE OF BIHAR & ANR For the petitioner: Shri Birendra Nath Mishra For the State: Shri Dashrath Mehta,A.P.P. ----------- 4. 3.9.2010 After having heard learned counsel for the petitioner and after having perused the complaint petition and the summoning order, it appears that it was rightly submitted that the place of occurrence was not within the jurisdiction of the court of S.D.J.M., Rohtas at Sasaram as the whole occurrence appears occurring within the jurisdiction of Saran at Chapra. But, it is well known position of law that if a court which has the jurisdiction to pass the summoning order, even if it did not have the jurisdiction to try the offence, has passed the order summoning the accused, the sane could not be said to be bad. What the court Could do is to direct the S.D.J.M., Rohtas at Sasaram to transfer the complaint case No. 136 of 2003/1325 of 2003 to S.D.J.M., Saran at Chapra as the trying jurisdiction lies in courts at Chapra . Let, a copy of this order be transmitted to both the District and Sessions Judges of Rahtas at Sasaran and Saran at Chapra for information and compliance. This disposes of the petition. Kanth ( Dharnidhar Jha, J.)