IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2573 of 2007 1. K.KAMAL NABHAM @ K.KAMALANABHAM,son of Late K.Appal Swami Naidu. 2. K.Anpurna,wife of late K.Appal Swami Naidu 3. Srimati K.Rajeshwari,wife of K.Kamal Nabham All resident of village-Akkupalli, P.S.-Palasa,Dist.-Sirkakelam(Andhra Pradesh), at present Electric Department Oil India Ltd.Duliyojan,District-Dibrugarh(Assam). Versus 1. STATE OF BIHAR 2. K.Pushpa,wife of K.Kamalanabham,resident of village-Akkupalli,P.S.-Palasa,Dist.- Sirkakelam(Andhra Pradesh),at present residint at C.H.Guru Naidu, Railway Colony,Room No.302A, Road No.12, Madhuri Chowk,P.S.-Samastipur(T),Dist.-Samastipur. ----------- 11/ 27-03-2009 Heard learned counsel for the parties. This application has been filed for quashing of order dated 01.3.2005, by which the learned Sub-Divisional Judicial Magistrate, Samastipur has taken cognizance against the petitioners under Section 498A and 323 of the Indian Penal Code in C.R.No.1181 of 2004. As per complaint petition, victim was married with petitioner no.1 at her parental house in Andhra Pradesh. After Vidaee ceremony, she led conjugal life for few period with her husband. Thereafter, torture started caused by the husband as well as by the family members. Marriage was solemnized in the year 1986. She was ousted in the year 1990. She came with her father to Samastipur. Thereafter it is alleged that she was taken to Dibrugarh by petitioner no.1, where also she was assaulted. There is assertion of another 2 marriage also but submission of the learned counsel for the petitioners is that no part of incident including demand, torture or assault ever took place within the territorial jurisdiction of Samastipur, either it was committed in Andhra Pradesh or in Assam (Dibrugarh). So, jurisdiction is lacking and on that point only prosecution is not liable to maintain here. Learned A.P.P. also failed to point out any part of the incident, which took place within the jurisdiction of Samastipur. Accordingly, cognizance of prosecution lodged against the petitioners is hereby quashed. In the result, this application is allowed. AH/ ( Mandhata Singh, J. )