- (1.) HEARD learned counsel for the petitioners, learned counsel for the State as well as learned counsel for O.P. No. 2.
(2.) THE order dated 04/06/2012, passed in Sisai P.S. Case No. 127/2008 (G.R. No. 772/2008, T.R. No. 511/12), whereby and whereunder, cognizance of the offences punishable under Sections 323, 498 A of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act, has been taken against the petitioners, is being sought to be quashed on the ground that that the Court, who has taken cognizance, lacks territorial jurisdiction. Learned counsel appearing for the petitioners, by referring to the statements made in the complaint petition, submits that whatever overt acts constituting offence under which cognizance has been taken, those overt acts have been alleged to have committed at Dewaria (UP) and not at the place, territorial jurisdiction of which the Court, who has taken cognizance of the offence, does have. Learned counsel further submits that one of the allegations made is to the effect that on telephone the petitioners had extended threats but it has never there in specific term as to whether that threats had been given by the petitioners by calling her on telephone or it was the complainant, who had called the petitioners and that incident relates to the year 2004, whereas the case has been lodged in the year 2007 and, thereby, the order taking cognizance is fit to be quashed.
(3.) AS against this, learned counsel appearing for O.P. No. 2, by referring to the complaint petition, submitted that it has been alleged that while the complainant was residing at Gumla with her parents, the petitioners extended threat on telephone of dire consequences and, therefore, the offence of criminal intimidation is made out and in that event the complaint has been lodged at Gumla whereupon, the Court has taken cognizance of the offences punishable under Sections 323, 498 A of the Indian Penal Code and also under Section 3/4 of the Dowry prohibition Act and, thereby, the Court did not do any wrong.;