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2013 Supreme(Jhk) 694

PRAKASH TATIA, JAYA ROY
Raj Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Sumeet Gadodia, Advocate
For the Respondents:Mr. Ram Nivas Roy, G.P.III Mr. S.P. Roy, Adv. (State of Bihar) Mr. K.K. Singh, Adv.(for private respondent)

JUDGMENT

Heard learned counsel for the parties.

2. This writ petition has been filed under Article 226 of Constitution of India praying that F.I.R. pertaining to Hathauri P.S. Case No. 27/2007, dated 2.7.2007 for the alleged offence punishable under Sections 498-A, 323, 379, 34 of the Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition Act, which is now pending in the Court of Additional Chief Judicial Magistrate, Rosera in the district of Samastipur (Bihar) may be quashed.

3. Office has raised objection with respect to territorial jurisdiction of this Court because of the reason that F.I.R. was lodged in territorial jurisdiction of State of Bihar i.e., within the territorial jurisdiction of Patna High Court and criminal case in pursuance of F.I.R. as P.S. Case No. 27/2007 is also pending in the Court of Additional Chief Judicial Magistrate, Rosera in the district of Samastipur (Bihar) falling within the territorial jurisdiction of State of Bihar.

4. Before proceeding to decide the issue of territorial jurisdiction, it will be appropriate to give the background facts of the case leading to filing of this writ petition and reaching to Division Bench of this Court.

5. T






















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