- (1.) THIS application is directed against the order dated 21.8.2009 passed in P.C.R case no.240 of 2009 whereby and whereunder learned Magistrate having found prima facie case being made out under Sections 498A, 379/149 of the Indian Penal Code has issued summons against the petitioners under Section 203 of the Code of Criminal Procedure. The said order taking cognizance is being sought to be quashed on the ground that the court which has taken cognizance of the offences as aforesaid lacks territorial jurisdiction as no cause of action ever accrued at the place where the complaint was lodged.
(2.) AS against this, learned counsel appearing for the opposite party no.2 submits that one of the allegations does relate to the place to which the court which has taken cognizance does have territorial jurisdiction and hence, the order taking cognizance never warrants to be quashed. In the context of the submission, the case of the complainant as has been made out in the complaint needs to be taken notice of . It is the case of the complainant-opposite party no.2 that the complainant having married Shravan Kumar Sharma started living at her in-laws' place at village Bandraha, Uttar Pradesh. Unfortunately, husband of the complainant died on 28.1.2009. Thereupon the accused persons started behaving with the complainant in such manner that the complainant should leave the house but when the complainant did not leave the place, the accused persons started abusing and subjecting her to torture. The accused persons even stopped giving food to her and at one point of time even made an attempt on the life of the complainant.
(3.) FURTHER case of the complainant is that after coming to know all about this, when her brother came to Bandraha, he was abused and assaulted when he tried to mediate the things.Not only that the accused persons drove him as well as this complainant out of the house. Thereafter Panchayati took place at Yognidhan but in that course also the accused persons assaulted the complainant and his relative. On such allegation, complaint was lodged as P.C.R.case no.240 of 2009, upon which cognizance of the offence was taken under Sections 498A and 379/149 of the Indian Penal Code. Having heard learned counsel appearing for the parties, it does appear that the prosecution is being challenged before this Court on the ground that cause of action for alleged offences under which cognizance has been taken has never accrued at any place falling within the territorial jurisdiction of the court which has taken cognizance of the offences.;