IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35515 OF 2008 1. SANJAY KUMAR SINGH, SON OF SRI RAM PRAVESH SINGH 2. RAM PRAVESH SINGH, SON OF SRI DEO NANDAN SINGH 3. SIYA DEVI, WIFE OF RAM PRAVESH SINGH 4. SUSHMA DEVI, WIFE OF SHAILESH KUMAR @ SATYENDRA KUMAR ALL RESIDENT OF VILLAGE RAVAICH, POLICE STATION BAKHTIYARPUR, DISTRICT PATNA …………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. BABY KUMARI, WIFE OF SANJAY KUMAR SINGH, RESIDENT OF RAVAICH, POLICE STATION BAKHTIYARPUR, DISTRICT PATNA. AT PRESENT, RESIDING IN THE HOUSE OF RAM UCHIT SINGH, VILLAGE AGWANPUR, POLICE STATION BARH, DISTRICT PATNA …………………………………………………………………OPPOSITE PARTIES ********** 2 03/11/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order taking cognizance. The main objection against the order taking cognizance is that the Court at Barh had no jurisdiction to take cognizance in this case. Chapter XIV of the Code of Criminal Procedure deals with the case in which complaint is filed. The order taking cognizance cannot be held to be illegal on the ground that it has been taken by a Court having no territorial jurisdiction to try the case. The question of territorial jurisdiction is a question of fact which may be taken at the stage after cognizance. In the circumstances, the petitioners may raise this issue before the Court below at the time of framing of the charge and the Court below will consider this aspect 2 and pass appropriate orders in accordance with law. If it is found that the case is not triable by the Court at Barh, then the complainant would be at liberty to file a case at Bakhtiyarpur. Learned Counsel for the petitioners submits that the petitioner no. 1 who is the husband is willing to settle the matter and wants to keep his wife with him with dignity. This aspect of the matter should also be considered by the Court below before framing of the charges in this case. In case, the parties wish to live together then the Court below should allow them to do so and pass appropriate orders with respect to the criminal case. This application is disposed of with the aforesaid observations and directions. ANAND ( Sheema Ali Khan, J. )