IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24682 of 2009 DEEPAK KUMAR SINGH, SON OF KEDAR SINGH, RESIDENT OF VILLAGE – DHATURI TOLA, P.S. BARIA (DOKTI), DISTT. BALIA (UTTAR PRADESH) ------- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY OF COMMISSIONER, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA. 2. NITU KUMARI, DAUGHTER OF KRISHNA SINGH, RESIDENT OF VILLAGE MAJHANPURA, P.S. MANJHI, DISTT. SARAN. -------- OPPOSITE PARTIES. ----------- 6. 06.10.2010 Heard the parties. The petitioner has sought quashing of the order dated 23.8.2007 passed by Sub Divisional Judicial Magistrate, Chapra, in Complaint Case no. 1520 of 2007 by which cognizance has been taken under Sections 498A and 323 of the Indian Penal Code. It has been submitted that the co-accused of this case had approached this Court vide Cr. W.J.C. No. 711 of 2008 in which the Opposite Party No. 2 was also heard and after hearing both the parties, this Court had held that the Chief Judicial Magistrate at Chapra had no jurisdiction to entertain the complaint and, therefore, the order of cognizance was held bad in law. Considering the said order, this application is allowed and the order dated 23.8.2007 passed in Complaint Case No.1520 of 2007 is hereby set aside and the complaint is ordered to be returned to the Complainant for taking recourse to justice before the court where the complaint 2 could be territorially pursued. S.Ali ( Anjana Prakash, J. )