IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20036 of 2008 1. MD.MERAJ SHEIKH @ MD.MERAJ 2. SHAKIL SHEIKH @ MD. SHAKIL 3. KHALID SHEIKH @ MD. KHALID ALL SONS OF LATE BADRUDDIN KHAN 4. KAMILA KHATOON @ KANIZA KHATOON, WIDOW OF LATE BADRUDDIN KHAN ALL RESIDENTS OF RANIBAGH, BHATTHA TOLA, P.S. BAKHTIARPUR, P.O. SIMRI BAKHTIARPUR, DISTRICT SAHARSA. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. RUBI KHATOON, WIFE OF MD. MERAJ SHEIKH, RESIDENT OF RANIBAGH, BHATTHA TOLA, SIMRI BAKHTIARPUR, P.S. BAKHTIARPUR, P.O. SIMRI BAKHTIARPUR, DISTRICT SAHARSA. ---- OPPOSITE PARTY ----------- 2 15.3.2010 This application has been filed for quashing the order dated 29.11.2007, passed by the Sub-divisional Judicial Magistrate, Barh in Complaint Case No. 340 (c) of 2007 under Sections 498A and 323 of the Indian Penal Code. The allegations contained in the complaint petition prima facie constitute a case under Sections 498A and 323 of the Indian Penal Code and, therefore, the order of cognizance in itself is not bad. The only point raised on behalf of the counsel for the petitioners is that the Court at Barh does not have the jurisdiction to try this case as the entire occurrence is said to have taken place at Simri Bakhtiarpur within the jurisdiction of judgeship of Saharsa and not at Barh. In the result, I direct that the Sub-divisional Judicial Magistrate, Barh should transfer Complaint Case No. 340(c) of 2007 to the judgeship of Saharsa. The District Judge, Saharsa should ensure that the matter is taken as expeditiously as possible on the material available on the record. As far as the enquiry under Section 202 Cr.P.C. is concernd, the complainant would not have to lead any 2 further evidence in this case and the Court should proceed on the basis of the solemn affirmation and the witnesses that have already been examined. The formal order dated 29.11.2007 is quashed on the ground that the Court at Barh does not have the jurisdiction to try the matter. The case should be transferred within a period of two months on receipt/production of a copy of this order. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)