- (1.) IN this petition the petitioner has prayed for quashing the order of taking cognizance and issuing summons dated 22.12.2004 including the entire criminal proceeding of C.P. Case No. 974 of 2004.
(2.) THE case of the complainant -opposite party No. 2 in the court below was that she was married according to the Hindu rites and customs with the petitioner on 1.7.1998. When she went to her matrimonial home, initially there was peaceful life. After sometime the petitioner alongwith other accused persons started demanding colour T.V., fridge, motorcycle and Rs. One lakh as dowry. When the same could not be fulfilled by the parents of the complainant, the accused persons started torturing her mentally and physically. The complainant lodged a complaint which was numbered as 485 of 2004. In the said case the accused persons pretended to mend and wanted to come to a mutual settlement. On the said assurance the complainant filed a petition under Section 203 of the Cr.P.C. and the case was disposed of. After the case was disposed of, the accused -petitioner backed out and did not take the complainant to his place and again renewed his demands causing torture and cruelty. The complainant was forced to stay with her parents at Kumardhubi. Learned court below on the basis of the complaint, statement in solemn affirmation and other materials on record passed order dated 22.12.2004 issuing summons upon the accused -petitioner.
(3.) THE petitioner has challenged the said order on the following grounds: - (i) This is the second complaint on the same allegation and as such is not maintainable. (ii) The complainant resides with her parents at Kumardhubi, District Dhanbad and the petitioner is the resident of Kulti, District -Burdwan (West Bengal). The cause of action earlier arose at the matrimonial home on the allegation of demand of dowry. The court of learned S.D.J.M., Dhanbad has got no territorial jurisdiction. ;