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2007 DIGILAW 1017 (PAT)

Subhash Kumar Das, Subhash Das v. State Of Bihar

2007-05-30

SYED MD.MAHFOOZ ALAM

body2007
Judgment 1. This application has been filed for quashing the entire proceeding including the order of taking cognizance dated 19.9.2006 passed by the Sub-Divisional Judicial Magistrate, Lakhisarai in Complaint Case No. 111(C) of 2006 whereby he has taken cognizance u/s. 498-A of the Indian Penal Code and u/s. 3/4 of the Dowry Prohibition Act. 2. It has been submitted by the learned Advocate of the petitioners that as per the allegation, the marriage of opposite party no.2 Preeti Devi was solemnised with Santosh Kumar Das, son of Sita Ram Das on 31.5.2003 and thereafter the bride was taken to her matrimonial place situated in Jamshedpur. There is further allegation that thereafter the accused persons started making demand of dowry from the bride and when the same was not fulfilled she was tortured by the accused persons. There is further allegation that the complainant came back to her parents house and thereafter the accused persons refused to take her Rokshadi till the demand of dowry was not fulfilled then the complainant lodged this complaint case. 3. It has been submitted by the learned Advocate of the petitioners that on similar allegation, the complainant had filed complaint Case No. 58 of 2006 before the Chief Judicial Magistrate, Jamshedpur which was sent to Kadama Police Station for instituting the case and when the complainant could not be able to prove her allegation levelled in the said complaint case the instituted this case before the Sub-Divisional Judicial Magistrate, Lakhisarai on similar allegation. The learned Advocate further submitted that as per the allegation, the entire incident had taken place at Jamshedpur and, therefore, the Court of Lakhisarai has got no jurisdiction to entertain this complaint case when on similar allegation a complaint had already been instituted at Jamshedpur. 4. I have gone through the complaint petition lodged by the complainant Preeti Devi, wife of Santosh Kumar Das (Annexure-1) and I am satisfied that so far as these petitioners are concerned, the Court of Lakhisarai has no jurisdiction to entertain the complaint against them as the entire incident detailed against these petitioners had taken place at Jamshedpur for which the complainant had already filed a complaint case. 5. Under the circumstances mentioned above, I am of the view that this application is fit to be allowed. 5. Under the circumstances mentioned above, I am of the view that this application is fit to be allowed. Accordingly, this application is hereby allowed and the order dated 19.9.2006 passed by the Sub-Divisional Judicial Magistrate, Lakhisarai in Complaint Case No. 111(C) of 2006 whereby he has taken cognizance u/s. 498-A of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act against these petitioners is ordered to be quashed, so far as these petitioners are concerned. Accordingly, this application stands disposed of.