IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15286 of 2009 MD. JAWED AKHTAR, SON OF MD. ABDUL SALAM, RESIDENT OF VILLAGE CHANDRADEEP, P.S. CHANDRADEEP, IN THE DISTRICT OF JAMUI ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. NOORJAHAN KHATOON WIFE OF MD. JAWED AKHTAR, DAUGHTER OF LATE ABDUL KAYUM, RESIDENT OF VILLAGE CHANDRADEEP, P.S. CHANDRADEEP, IN THE DISTRICT OF JAMUI, PRSENTLY RESIDING AT MOHALLA KHAJA GALI, PAKRIBARAWAN, P.S. PAKRIBARAWAN, IN THE DISTRICT OF NAWADA ….. OPPOSITE PARTIES. With Cr.Misc. No.18331 of 2009 1. MD. ABDUL SALAM SON OF LATE MD. JAMEER 2. MD. KALAM @ ABDUL KALAM SON OF MD. ABDUL SALAM 3. SHABANA KHATOON WIFE OF MD. KALAM, ALL RESIDENT OF VILLAGE CHANDRADEEP, P.S. CHANDRADEEP, IN THE DISTRICT OF JAMUI 4. MD. KHATIBUR RAHMAN, SON OF LATE HABIBUR RAHMAN @ HABO MIYAN 5. SHAHEEN PARVEEN WIFE OF MD. KHALIBUR RAHMAN, RSIDENT OF VILLAGE KAKRAR, P.S. ARIYARI, IN THE DISTRICT OF SHEIKHPURA …. PETITIONERS. Versus 1. THE STATE OF BIHAR 2. HOORJAHAN KHATOON WIFE OF MD. JAWED AKHTAR, DAUGHTER OF LATE ABDUL KAYUM, RESIDENT OF VILLAGE CHANDRADEEP, P.S. CHANDRADEEP, IN THE DISTRICT OF JAMUI, PRSENTLY RESIDING AT MOHALLA KHAJA GALI, PAKRIBARAWAN, P.S. PAKRIBARAWAN, IN THE DISTRICT OF NAWADA ….. OPPOSITE PARTIES. ----------- 3. 7.9.2010 The petitioners seek quashing of the order of cognizance dated 3.3.2009 passed by the Judicial Magistrate, Ist class, Nawada in Complaint case No.136 of 2008 Tr. No.2052 of 2008, by which cognizance has been taken u/ss. 498A and 323/34 I.P.C. on the ground that the courts at Nawada have no territorial jurisdiction in the matter. It has been submitted that from the complaint itself, it is apparent that the place of occurrence had been - 2 - mentioned as the house of the in-laws, which is located at Chandradeep in the district of Jamui. The opposite party No.2 is not in a position to refute the submission. In view of such, the application is allowed and the order of cognizance dated 3.3.2009 passed by the Judicial Magistrate, Ist class, Nawada in Complaint case No.136 of 2008 Tr. No.2052 of 2008 is quashed. However, the complaint shall be returned to the opposite party No.2 to take remedial steps within the jurisdiction of Jamui district. Narendra/ ( Anjana Prakash, J. )