- (1.) Shashi Kant Shukla for the petitioners and the learned AGA for the State and perused the record. This is a petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing the order dated 16.11.2011 passed by the Sessions Judge, Basti in criminal appeal no. 53/2011, Manish Shukla & others vs. Smt. Pratima and others, and also the order dated 15.10.2011 passed by the Chief Judicial Magistrate, Basti in case no. 1785/2011, Smt. Pratima Shukla vs. Manish Shukla & others,
(2.) Mr. Shashi Kant Shukla appearing for the petitioners submitted that according to the allegations made in the complaint the domestic violence against the respondent no.2 took place in district Gonda and the respondent no.2 moved application to the Protection Officer, Gonda regarding the domestic violence on which basis, the Protection Officer submitted domestic violence report to the court of C.J.M. Basti. It was next submitted that when the domestic violence report was of the district Gonda, filing of the complaint in district Basti was not proper, therefore, Basti court had no jurisdiction to pass any order.
(3.) It appears that the respondent no. 2 has filed a petition under section 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as 'the Act') against the petitioners in the court of CJM Basti and the petitioners, on appearance before the court concerned, raised the question of territorial jurisdiction and contended that the CJM Basti had no jurisdiction. The CJM rejected the contentions of the petitioners and held that he had jurisdiction to entertain the complaint. The Sessions Judge was also of the same view.;