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1994 Supreme(Pat) 32

S.N.JHA
Arun Khanna – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.N.Jha, J.

1. This application has been filed for quashing the order taking cognizance for offences under Sec. 498-A/406/34, Indian Penal Code and the entire proceeding.

2. Cognizance has been taken on the complaint of Nita Khanna, opposite party No. 2. According to her, after marriage with the petitioner on 12-3-1990 solemnized at Amritsar, she was ill-treated by the accused persons, the husband and in-laws, because her father could not satisfy the demand of dowry.

At times she was assaulted. As a result of cruelty, torture and harassment meted out to her, she was forced to leave her matrimonial home and live with her parents at Dhanbad. On 12-8-1991 a son was also born but accused persons did not even care to come over and see him. It is said that at the time marriage, gold ornaments weighing 40 tolas and Rs. 50,000 in cash as well as many personal and house effects were given by her parents for her benefit and use which were entrusted to the accused persons. The complainant was not allowed to bring them back.

3. The validity of the order is challenged on the ground of lack of territorial jurisdiction. It is said that entire occurrence allegedly having taken place at Amr
















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