IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32638 of 2008 MD.NASIM AZHAR & ORS Versus STATE OF BIHAR & ANR ----------- 3 6.5.2010 Heard counsel for the petitioners and the State. By order dated 8.3.2010 notice was issued to the Opposite party no.2. Despite valid service of notice, no one appears on behalf of the Opposite party no.2. The petitioners seek quashing of the order dated 19.3.2007 passed by the Sub-Divisional Judicial Magistrate, Vaishali in Complaint Case No.2228 of 2006 whereby he has taken cognizance of offence under sections 498A and 379 of the Penal Code against the petitioners. Learned counsel for the petitioners submits that the complaint filed by the complainant at Vaishali is not maintainable as no cause of action took place there. The offence, if any, took place within the territorial jurisdiction of Purnea court. Mr. Jharkhandi Upadhayay, learned State counsel has not been able to controvert the submission of the petitioners that no cause of action took place in the district of Vaishali. The contention of the petitioners finds support from the ratio laid down by the Hon’ble Apex Court in the case of Y.Abraham Ajith & Ors Vs Inspector of Police, Chennai & anr, (2004)8 SCC 100. In the circumstances, the impugned order dated 19.3.2007 taking cognizance by the S.D.J.M., Vaishali in Complaint Case 2 KHAN No.2228 of 2006 under sections 498A and 379 of the Penal Code against the petitioners is set aside. The Registrar, Civil Court, Vaishali at Hajipur is directed to transmit the entire records of the instant case to Purnea Civil Court for proceeding in accordance with law. After receipt of the record, the Chief Judicial Magistrate, Purnea would assign the case to one of the Magistrates for disposal. In the result, this application is allowed. (S.P.Singh,J)