D.K.SINHA, J. - (1.) THE learned Counsel for the petitioners sought for and is permitted to carry out certain corrections in paragraph -1 of this petition.
(2.) THE petitioners have invoked inherent jurisdiction of this Court under Section 482 of Cr.P.C. for quashment of the order dated 31.3.2003 whereby and whereunder cognizance of the offence was taken under Sections 498A and 323 of the Indian Penal Code in Complaint Case No. 1091 of 2002 corresponding to T.R. No. 1343 of 2003 by Shri Diwakar Pandey, Judicial Magistrate, 1st Class, Hazaribagh. The short fact of the case as alleged in the complaint petition was that the complainant/opposite party No. 2 was married to the petitioner No. 1 Laxman Prajapati in the year 1992 according to the Hindu rites and rituals and the parents of the complainant/opposite party No. 2 had spent huge amount at the time of marriage but could not afford to make further cash payment of Rs. 5,000/ - on account of poverty. After marriage the complainant/opposite party No. 2 remained in her matrimonial home with her husband where she delivered two female children after interval. It was alleged that the petitioners started perpetrating torture mental and physical and also neglecting her by demanding the dowry amount which was due on the eve of marriage of the complainant/opposite party No. 2. It was threatened that the husband of the complainant/opposite party No. 2 would be remarried to another girl in case, due amount of dowry would not be paid to them. In the meantime, father of the complainant/opposite party No. 2 died and she visited her parental home with her husband to attend the Saradh ceremony of her father which is situated within territorial jurisdiction of Hazaribagh and after completion of Saradh ceremony she was refused by her husband to go to her matrimonial home unless due amount of dowry was paid to him. However, on 14.12.2002 the complainant/opposite party No. 2 went to her matrimonial home with her cousin brother and minor daughter but again her misery was started that she was allowed to sleep in a separate room and in the night itself all the accused/petitioners conspired and attempted to commit her murder by throttling and setting her on fire On weeping of the child, the neighbours assembled and saved her life.
(3.) MR . R.A. Sharma, the learned Counsel assailed the cognizance order on the ground of territorial jurisdiction of the court. According to the learned Counsel, the entire alleged occurrence took place within the territorial jurisdiction of Kodcerma and not Hazaribagh beyond competence of the Chief Judicial Magistrate Hazaribagh to take cognizance under Section 190 of Cr.P.C. and to transfer the case to the court of Judicial Magistrate under Section 192 of Cr.P.C. against the mandate of Section 177 of Cr.P.C. The learned Counsel further argued that the alleged occurrence took place, according to the complaint petition, on 15.12.2002 at Koderma and part of the offence alleged to have taken place on that date within the jurisdiction of Hazaribagh so cognizance of the offence against all the accused persons was not maintainable and is liable to be set aside as they had not visited the parental house of the complainant/opposite party No. 2.;