IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.474 of 2008 1. Md. Sarfaraz Hussain, son of Md. Eklakh Hussain, 2. Md. Ezaj Hussain @ Aftab @ Ejaz Hussain, son of Md. Eklakh Hussain, both of Mohalla Naya Bazar, Near Idgah Road, PS Bank More, District Dhanbad – petitioners. Vs. 1. The State of Bihar, 2. Bibi Gariba, daughter of Md. Usman Shrafi, Mohalla Bhikhanpur Gomati No.3, Near Bhikhanpur Hat, PS Ishaque Chak, District Bhagalpur – opp. parties. 4 8.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 2.2.2007 passed by the Subdivisional Judicial Magistrate, Bhagalpur in Complaint Case No. 1884/2006. Counsel for the petitioners submits that the entire occurrence had taken place at Dhanbad and the court at Bhagalpur does not have the jurisdiction to take cognizance in this case. This point should be raised by the petitioners before the court where the matter is pending and after giving notice to the opposite party, the court may dispose of the application filed by the petitioners within a period of three months on appearance of opposite party no.2. If the petitioners are aggrieved by the order of the court at Bhagalpur, they will have the liberty to challenge the same before appropriate forum. In case the court finds that the court at Bhagalpur does not have the jurisdiction to entertain the complaint, then the court may allow the opposite party to withdraw the complaint petition and file it before appropriate court. This application is dismissed with the aforesaid observations. haque (Sheema Ali Khan, J.)