2007 Supreme(All) 1725

[2007(6) ADJ 36 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD, J.
AJAY KHORANA .........Applicant
Versus
STATE OF U.P. AND ANOTHER .........Respondents
(Criminal Misc. Application No. 12135 of 2007, decided on 30th May, 2007)

Headnote:(A) Criminal Procedure Code, 1973—Sections 482 and 462—Summoning order—Charge-sheet—Quashing of—Offences under Sections 323, 504, 506, 498-A of IPC—F.I.R. lodged that present opposite party No. 2 tortured because of demand of dowry—Police submitted charge-sheet after investigation—Fourth application of applicant in High Court with same relief on same facts—Contending territorial jurisdiction of Court at place Basti (U.P.)—As no cause of action accrued there—On fact a part of cause of action regarding threatening phone because of non-fulfilment of demand of dowry made at place Basti—This Court would have jurisdiction to conduct trial—Application to be dismissed with costs—As approach of applicant amounts to abuse of process of Court.

       (B) Criminal Procedure Code, 1973—Section 462—Territorial jurisdiction—Challenging of—No order passed by any Court can be declared to be illegal, null and void—Because the Court who has passed order had no territorial jurisdiction.