IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6305 of 2009 1. Ashok Kumar Singh @ Ashok Singh son of late Gorakh Singh & 2. Kalika Kuwar w/o late Gorakh Singh Both resident of village- Parsa Baniapur, P.S. Baniapur, District- Chapra, present address- Ashok Kumar Singh Line Hotel, Rani Bandh, Byepass Road, P.S. & P.O.-Raj Ganjpur, District-Sundergarh, State of Orissa ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Deep Mala D/o Nirmal Singh, w/o Ashok Kumar Singh, Resident of village- Piyano, P.S. Kopa, District- Chapra. … Opposite Parties ----------- For the petitioner : Mr. Maheshwar Prasad, Advocate For the OP No.2 : Mr. Naresh Prasad No.1, Advocate For the State of Bihar : Mr. Atul Chandra APP ------------- 5/ 29.07.2010 The petitioners seek quashing of the entire proceeding including the order dated 9.8.2008 by which the Sub-Divisional Judicial Magistrate, Saran at Chapra, in Complaint Case No.1157 of 2008, Enquiry Case No.64 of 2008, Trial No.3695 of 2008 has taken cognizance for the offence under sections 498-A and 494 Indian Penal Code and section 4 of the Dowry Prohibition Act. They also seek quashing of the order dated 20.12.2008 passed by the Sessions Judge, Saran at Chapra, in Criminal Revision No.298 of 2008, by which he has dismissed the revision application of the petitioners filed against the order of cognizance. On 16.11.2009, the petitioners were directed to produce the opposite party no.2 since it was the assertion that she was living with petitioner no.1. Thereafter, on 14.12.2009, notices were issued to the opposite party no.2, pursuant to which, she appeared through a validly executed vakalatnama. The case of the complainant is that she was married to the - 2 - petitioner no.1 on 10.6.2005, and thereafter she stayed for few months in her matrimonial ancestral home situated within the police station of Baniyarpur in the district of Saran. Thereafter, she joined her husband at Orrisa, where she gave birth to two children, but unfortunately, all along she was tortured by the accused persons for the ends of dowry. Counsel for the petitioner has taken a very simple point for argument that the Court at Chapra had no jurisdiction in the matter since, admittedly, all acts of the accused had taken place within the jurisdiction of State of Orissa. Counsel for the opposite party no.2 contends that the opposite party no.2 is still ready to live with petitioner no.1, but I am of the view that this is not the proper forum for her to express such desire. On going through the complaint, I find that no part of cause of action has arisen with the jurisdiction of Saran and, therefore, the complaint is totally misplaced. In view of such, this application is allowed and the order dated 9.8.2008 passed by the Sub-Divisional Judicial Magistrate, Chapra, in Complaint Case No.1157 of 2008, Enquiry Case No.64 of 2008, Trial No.3695 of 2008 as also the order dated 20.12.2008 passed by the Sessions Judge, Chapra, in Cr. Revision No.298 of 2008 affirming the order of cognizance is hereby quashed. Application stands allowed. JA/- (Anjana Prakash, J.)