- (1.) BY the Court. - The entire criminal proceeding of Topchanchi P.S. Case No. 182 of 2005 (G.R. No. 4835 of 2005) including the order dated 15.6.2006 under which cognizance of the offences has been taken under Section 498 -A of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act is being sought to be quashed on the ground that the Court which has taken cognizance lacks territorial jurisdiction.
(2.) BEFORE , adverting to the submissions advanced on behalf of the parties, the case of the prosecution needs to be taken notice of. It is the case of the informant that the informant -opposite party No. 2 after getting married to Tarkeshwar Upadhyay, petitioner No.3, when came to Burdwan (West Bengal) where her father -in -law was in service to live with them, accused persons started ill -treating her. After staying for some days, she came back to her parents house at Gomo but after one month, when she came to her in -laws' place, accused persons started putting forth demand of Rs.1 lac and in order to get the demand fulfilled, she was being subjected to torture. After a month, she again came to her parents' house. After a few days, she was taken again to her in -laws' place where her mother -in -law and other accused persons again put forth the demand of Rs.1 lac. On the occasion of marriage of the brother of her husband, she came to Bharthai where also she was subjected to assault as demand of Rs.1 lac had not been fulfilled. When maternal uncle of the informant was informed about it, he along With others came there and asked from the father -in -law and mother -in -law as to why they are behaving like that. Upon it, accused persons told them that they can do anything which they wish to do. Thereafter the matter was informed to Siwan Police Station and then the informant came along with her maternal uncle to his house. However, with the intervention of the Officer -in -Charge of Siwan Police Station, father -in -law of the informant took the informant to his house but after few days, they again started subjecting her to torture. When things became quite bad, she came to her parents' house at Gomo where she fell ill on account of being tortured physically and mentally.
(3.) ON such allegation, a written report was submitted to the Officer -in -Charge, Gomo Police Station which was forwarded to Topchanchi Police Station where a case was registered as Topchanchi (Hariharpur) P.S Case No. 182 of 2005 under Section 498 -A of the Indian Penal Code and also under Sections 3/4 of the Dowry Prohibition Act.;