IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2134 of 2009 MD.MINHAZ PARWEZ Versus STATE OF BIHAR & ANR ----------- 2. 2.4.2010. Heard. The order of cognizance is sought to be quashed merely on the ground that the Chief Judicial Magistrate, Gaya had summoned the petitioner on a complaint petition which complains of commission of different acts at the house of petitioner Md. Minhaz Parwez at village-Jangi, Post Office-Urita, P.S.Chatra, District-Chatra(Jharkhand). The learned counsel submitted that the court at Gaya did not have the territorial jurisdictions under Section 178 of the Cr.P.C. to try the offence. However, on consulting the provisions of Sections 460 and 462 of the Cr.P.C. what I find is that even if the C.J.M., Gaya was not empowered by law to pass the order of cognizance under Section 190(i)(a)of the Cr.P.C. his act of passing the order of summoning may not be illegal by virtue of the above noted provisions. There is a Supreme Court decision also on the above point that if the Magistrate is empowered under law to pass an order of summoning, the same order - 2 - cannot be bad merely because he lacked territorial jurisdiction to try the case. The Supreme Court directed that in such a situation what should be done is to send back the case from the court of wrong jurisdiction to the court of appropriate jurisdiction. I direct the C.J.M., Gaya to send the case to C.J.M., Chatra(Jharkhand) for making over it to a competent court for trial. B.Kr. ( Dharnidhar Jha, J. )