IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6887 of 2009 DHANESAR RAM, SON OF LATE SHIV CHARAN RAM, RESIDENT OF VILLAGE – KORMA, POLICE STATION – BARSALIGANJ, DISTRICT – NAWADA. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. SURESH RAM, SON OF LATE HARI RAM, RESIDENT OF VILLAGE- AKBARPUR, POLICE STATION – ASTHAWAN, DISTRICT- NALANDA. ----- OPPOSITE PARTIES ----------- 2 17.8.2009 Learned counsel for the petitioner has prayed that the entire criminal proceeding in relation to Asthawan P.S. Case No. 10 of 2006 giving rise to Sessions Trial No. 58 of 2007 under Sections 498(A), 304(B), 201/34 of the Indian Penal Code be quashed on the ground that a case has been filed in Nalanda at Biharsharif whereas the occurrence has taken place at Nawada. Learned counsel for the petitioner submits that the Court in Nalanda at Biharsharif has no jurisdiction to take cognizance or conduct the trial of this case and as such the entire case is vitiated. This case was instituted on 17.2.2009 whereas the complaint petition was filed in the year 2005. At present it is admitted on behalf of the counsel for the petitioner that evidence has started and witnesses are being examined in this case. This Court finds that the point 2 raised on behalf of the petitioner is after the delay of four years. In any event the petitioner ought to have filed an application before the Court below for transferring the records and the case to the concerned Court. Learned counsel may file such an application before the Court below, if so advised. This application is disposed of. Sanjay (Sheema Ali Khan, J.)