IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9520 of 2010 1. Pappy Devi wife of Raghbendu Rai 2. Priti Rekha wife of Sri Niwas Singh, 3. Sri Niwas Singh son of Late Nand Kishore Singh, Petitioner no.1 resident of Village-Mortar, P.S.Garhpura, District-Begusarai. Petitioner nos. 2 and 3, resident of village-Koiri Bigha, P.S. Akbarpur, District-Nawadah. ……Petitioners. VERSUS 1. The State of Bihar 2. Nitu Devi D/o Mauleshwari Singh, R/o Noni, P.S. Chandradeep (Sikandara) District-Jamui. …. Opposite parties. For the petitioners : Mr. R.K.Sharma, Senior Advocate Mr.Ram Prawesh Kumar, Advocate. For the State : Mr.Jitendra Kumar Singh, A.P.P. ----------- 02. 19.03.2010 This is an application under Section 482 of the Code of Criminal Procedure (for short, „the Code‟) for quashing of the order dated 24.12.2009 passed by the learned Sub-Divisional Judicial Magistrate, Jamui in G.R.Case No.1217 of 2007 arising out of Sikandara (Chandradeep) P.S.Case No.195 of 2007 whereby the learned Magistrate has rejected the application of the accused –petitioners under Section 239 of the Code. 2. Though various averments have been made in the petition, Mr. R.K. Sharma, learned senior counsel along with Mr. Ram Prawesh Kumar, learned - 2 - counsel for the petitioners submitted that the learned Magistrate does not have territorial jurisdiction to try the case inasmuch as the entire occurrence took place in the district of Nawadah and no cause of action had arisen in the district of Jamui. 3. On a perusal of the impugned order, it is patent that the learned Magistrate has not adverted to the said facets. 4. In view of the aforesaid, I am inclined to set aside the order and direct the learned Magistrate to consider the factum of jurisdiction keeping in view the provisions contained in Sections 177 and 178 of the Code and the decisions rendered in Mohan Baitha v. State of Bihar, 2001 (4) SCC 350, Y.Abraham Ajith and ors v. Inspector of Police, Chennai and Anr., (2004) 8 SCC 100, Ramesh and others v. State of Tamil Nadu, AIR 2005 SC 1989 and Manish Ratan and Ors v. State of M.P. and Anr., (2007) 1 SCC 262. 5. I may hasten to clarify if the learned Magistrate would come to the conclusion that he has no territorial jurisdiction he shall pass an appropriate direction keeping in view of the decision in Satvinder - 3 - Kaur v. State (Govt. of N.C.T of Delhi) and another, AIR 1999 SC 3596, wherein the Apex Court has held as follows: “10. It is true that territorial jurisdiction also is prescribed under sub-section (1) to the extent that the officer can investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such police station would have power to inquire into or try under the provisions of Chapter XIII. However, sub- section (2) makes the position clear by providing that no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered to investigate. After investigation is completed, the result of such investigation is required to be submitted as provided under Ss. 168, 169 and 170. Section 170 specifically provides that if, upon an investigation, it appears to the officer-in-charge of the police station that there is sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a magistrate, such officer shall, forward the accused under custody to a Magistrate, empowered to take cognizance of the offence upon a police report and to try the accused or commit for trial. Further, if the Investigating Officer arrives at the conclusion that the crime was not committed within the territorial jurisdiction of the police station, then F.I.R. can be forwarded to the police station having jurisdiction over the area in which crime is committed. But this would not mean that in a case which requires investigation, the police officer can refuse to record the FIR and/or investigate it.” - 4 - 6. The application is, accordingly, disposed of. Sunil (Dipak Misra, C.J.)