IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2257 of 2010 ARADHANA BANIK WIFE OF SHRI KRISHNA NARAIN BANIK, RESIDENT OF 197/1, D.J.STREET, P.O. BHADRAKALI, P.S. UTTARPARA, DISTRICT HOOGHLY, WEST BENGAL …… PETITIONER. Versus 1. THE STATE OF BIHAR 2. APARNA BANIK DUTTA, WIFE OF SRI SHANKAR BANIK, DAUGHTER OF SHRI HARI DAS DUTTA, RESIDENT OF MOHALLA RAM LAKHAN PATH (SANTOSH KUNJ), NEAR LAXMI MARKET, 3RD FLOOR, HAZAM TOLI, P.S. JAKKANPUR, TOWN AND DISTRICT PATNA ….. OPPOSITE PARTIES. ----------- 3. 26.7.2010 The petitioner seeks quashing of the order dated 10.11.2008 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.1014(C) of 2008, by which he has taken cognizance for offences u/ss.498A and 323 I.P.C. On 24.6.2010 notices were issued to the opposite party no.2, who appeared through a duly executed Vakalatnama. However, none of the parties are present in court today. On going through the complaint petition, I find that the opposite party no.2 was married to the co-accused Shankar Banik on 5.3.2007 within the district of Patna, but thereafter she started to live in her matrimonial home situated at Uttarpara, District Hooghly (West Bengal). It was alleged by the complainant that her husband had fallen in love with the petitioner and used to cohabit with her and despite two pregnancies she was made to abort by co-accused Shankar Banik. The further complaint against the petitioner is that even she had assaulted her on various occasions. On going - 2 - through the complaint petition I also find that none of the actions of the accused persons has taken place within the jurisdiction of Patna and in my view the courts in Patna have no territorial jurisdiction in the matter. In view of such, this application is allowed and the entire proceeding including the order dated 10.11.2008 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.1014(C) of 2008 is quashed. Narendra/ ( Anjana Prakash, J. )