IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.290 OF 2010 1. SURAJ KUMAR @ DHURI, SON OF LATE HIRA DAS 2. MAIRI DEVI @ MUNARKI DEVI, WIFE OF LATE HIRA DAS BOTH ARE RESIDENT OF VILLAGE SHAKTI NAGAR, POLICE STATION BARBIGHA, DISTRICT SHEIKHPURA 3. SAMPATIYA DEVI, WIFE OF RAM SRINGAR DAS @ MAKAI 4. RAM SRINGAR DAS @ MAKAI, SON OF SITA RAVIDAS 3 & ARE RESIDENT OF VILLAGE KARAH, POLICE STATION SILAO, DISTRICT NALANDA ……………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 03/05/2010 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. An occurrence took place in which the victim lady received burn injuries. She was examined at Apollo Burn Hospital where she has given statement in front of her father on 02.11.2005. The lady died on 27.11.2005 and thereafter this case has been filed on 06.02.2006. Learned Counsel for the petitioners submits that it is apparently an abuse of the process of law. The case has been filed after great delay which indicates the falsity of the case of the informant. It is further submitted that the occurrence took place at Barbigha within the district of Sheikhpura and the lady died at Patna whereas the case has been filed at Nalanda. It is submitted that the Court at Nalanda does not have the jurisdiction to proceed in this matter. At this stage, it would not be proper for this Court 2 to examine the merit of the allegations raised in the First Information Report. The question of territorial jurisdiction may be raised on behalf of the petitioner at the earliest after the order is passed taking cognizance. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)