- (1.) This is an application under section 482 of me Code of Criminal Procedure, 1973 praying for quashing of the proceeding in connection with G.R. Case No. 1345 of 2010 arising out of Asansol (North) police station case No. 148 of 2010 dated 2.9.2010 under section 498A/323/325/307/506/34 of the Indian Penal Code read with section 3/4 of the Dowry Prohibition Act pending before the learned Additional Chief Judicial Magistrate, Asansol. Factual background in connection with the matter in a nutshell is that Sarita Rai, de facto complainant submitted a complaint before the learned Additional Chief Judicial Magistrate, Asansol alleging therein that she is the legally married wife of petitioner No. 1 Chittaranjan Rai and their marriage was solemnized on 21.11.2009 as per Hindu Rites and Customs at South Dhadka, Asansol. She had been to her father -in-laws place and started residing there at Collectorate Road, Buxar, P.S. and District-Buxar, Bihar with her husband and others. She was subjected to torture on the issue of further dowry at her matrimonial home on several occasions and lastly on 7.6.2010. Her father had been to her matrimonial place on 11.6.2010 and requested the petitioners/accused persons not to torture his daughter making illegal demand but in vain. He reported the matter before the local police station and finding no alternative the complainant is residing in her father's house at South Dhadka, Sukanta Pally, Asansol on and from 15.6.2010. It is alleged further that on 20.6.2010 petitioner No. 1/accused China Ranjan Rai and two unknown persons came to her father's place at Asansol, demanded a sum of Rs. 3 lakhs from her father to by a car/four wheeler vehicle and others threatened her and her parents with dire consequences.
(2.) The learned Magistrate after accepting the petition of complaint sent it to Officer-in-Charge, Asansol (N) police station directing him to treat the complaint as FIR under section 156(3) of Cr.P.C. and to investigate the case. The petitioners are on bail.
(3.) Mr. Uday Shankar Chattopadhyay, learned advocate appearing for the petitioners has contended that the alleged incident took place within the jurisdiction of Buxar Court, Bihar. The opposite party/de facto complainant left her matrimonial home on her own accord on 12.6.2010 and before leaving her matrimonial home both parties had been to the Buxar town police station. No FIR was lodged by the O.P./de facto complainant before Buxar town police station on 10.6.2011. He has further contended that no FIR was lodged in connection with an alleged incident dated 20.6.2010 by the private opposite party/de facto complainant before the Asansol (N) police station. The petition of complaint which was submitted before the learned Additional Chief Judicial Magistrate, Asansol under section 156(3) of Cr. PC is after lapse of two months and the same is nothing but to harass the petitioners. The learned Additional Chief Judicial Magistrate has no jurisdiction to deal with the matter. The proceeding pending before him may be quashed.;