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2005 Supreme(Pat) 842

MRIDULA MISHRA
Raja Ram Choudhary @ Raja Ram – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Petitioners are accused in Complaint Case No. 226 of 2005 for offence under Sections 498-A, 323, 354, 406, 504 and 506/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. The complainant is opposite party No. 2 namely Kalwati Devi alias Rinki, who has filed the complaint case before the C.J.M. Kaimur at Bhabhua and the same was registered as Complaint Case No. 226 of 2005.

2. This application has been filed by the petitioners for transfer of Complaint Case No. 226 of 2005 from the Court of Sub-Divisional Judicial Magistrate, Kaimur at Bhabhua to any other Court at Patna sessions division. The transfer has been sought for by the petitioners on the ground that the Bhabhua Court has no jurisdiction either to take cognizance or to try the case, which is evident from the facts revealed in the complaint case. As per the complaint case all incidents have taken place at Patna. the marriage was solemnised at Patna. Father of the complainant resides at Patna and the native village of the plaintiffs father is Nawada and in no case the Court at Bhabhua in the district of Kaimur has got jurisdiction to try the case. The complaint has filed this case at Bha








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