IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39481 of 2009 MD. SHAH NAWAZ @ NANHA & ORS . Versus THE STATE OF BIHAR & ANR . ----------- 3. 6.4.2010 Heard learned counsel for the petitioners and the State. No one appears on behalf of the opposite party no. 2 despite valid service of notice. Questioning the order of cognizance dated 12.12.2007, in Complaint Case No. 149 (C) of 2007, under Sections 498A of the Penal Code by the S.D.J.M., Barh, the short submission being made is that as per the allegation as they are the entire occurrence has taken place in the matrimonial home at Begusarai and no part of the cause of action has taken place at Barh to warrant institution of the complaint before the Court there. Strong reliance has been placed upon the decision reported in (2004) 8 SCC 100, when the defence that it was a continuing cause of action has been expressly negated. This Court, therefore, holds that the Complaint Case No. 149 (C) of 2007 was not maintainable before the Court at Barh. This Court, therefore, orders in exercise of powers under Section 407 of the Cr. P.C. directs that Complaint Case No. 149 (C) of 2007 be transferred from 2 the Court of S.D.J.M., Barh to the competent Court at Begusarai after due notice of this order to the opposite party no. 2 by the competent Court at Barh where the application is presently pending. The application stands disposed. P. Kumar (Navin Sinha, J.)