- (1.) HEARD learned counsel appearing for the petitioners and also learned counsel appearing for the State as well as learned counsel appearing for the opposite party no.2.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of Complaint Case no.302 of 2007 including the order dated 13.5.2013 wherein prayer for dropping of the proceeding on account of lack of territorial jurisdiction was rejected. The case of the complainant is that the marriage in between the complainant and the petitioner no.1 was solemnized at Barkakana according to Muslim Rites and Rituals. After the marriage, she started living at her in - laws' place at Nayasarai Basti, Ramgarh. There the husband as well as her relatives including father -in -law, mother -in -law and other family members started putting forth the demand of a Car as well as cash of Rs.2,10,000/ -. On account of non -fulfillment of demand dowry, she was subjected to assault as well as several kind of torture. The other day she was driven out from the house and was sent to her Khala's place at Ranchi for bringing dowry. After some days, she was taken to her in -laws' place but the accused persons again started subjecting her to torture on account of non -fulfillment of demand of dowry.
(3.) ON such allegation, a complaint was registered as Complaint Case No.302 of 2007. After holding enquiry, the court took cognizance of the offence under Sections 498A, 323 and 506 of the Indian Penal Code. Thereafter the petitioners moved to this Court in Cr.M.P.No.1737 of 2007 for quashing of the order taking cognizance on the ground that the court does not have territorial jurisdiction. That application was disposed of directing the petitioners to raise all the grounds before the court below. Accordingly, the petitioners raised the question of territorial jurisdiction before the court below. The court, vide order dated 13.5.2013 did find that the court does have territorial jurisdiction after holding that it is the case of the prosecution that complainant having brutally assaulted by the accused persons was driven out from the house and was sent to her Khala's place at Ranchi for bringing money and thereby it is a continuing offence. Being aggrieved with that order, this application has been filed.;