IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 557 of 2016 Santosh Singh @ Santosh Kr Singh & Ors.
Petitioners Versus The State of Jharkhand & Anr. ... Opposite Parties CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioners : Mr. Rishi Pallava, Advocate For the Opp. Parties : A.P.P.
03/22.08.2016 It has been submitted by the learned counsel for the petitioners that the learned court below while refusing to discharge the petitioners for the offence under Section 498A of the Indian Penal Code has failed to take into consideration that the alleged incident had taken place at Daulatpur in the district of Uttar Pradesh and, therefore, the court at Dhanbad does not have any territorial jurisdiction to entertain the case.
Learned counsel further submits that the petitioner nos. 1 and 2 are the elder brothers-in-law of the informant whereas the petitioner nos. 3 and 4 are their wives. Learned counsel further submits that in order to create the territorial jurisdiction of the court at Dhanbad some allegations have been levelled against some of the co-accused who are not the petitioners before this Court and such allegations have also been falsified in view of the absence of any such statement made by the complainant in her examination under solemn affirmation.
Issue notice to the opposite party No. 2 as to why this application shall not be admitted and/or disposed of at the admission stage itself, for which, requisite etc. under registered cover with A/D as well as under ordinary process be filed by 31.08.2016.
In the meantime, further proceeding in connection with C. P. Case No. 544 of 2010 pending in the court of learned Judicial Magistrate, Dhanbad shall remain stayed so far as the petitioners are concerned.
List this case after appearance of the opposite party no. 2.
(R. Mukhopadhyay, J.) Umesh/-