This is a Quash judgment from Hon’ble High Court of Patna, based on no jurisdiction to the concerned court to make enquiry and trial in the present matter.
Having gone through the rival contentions of both sides and on perusal of record especially the complaint petition, the Court finds that the place of occurrence is not mentioned in any of the pragraphs of the complaint rather one paragraph discloses that on 04.09.2010, she was assaulted by all accused persons at Vadodra but wrongly spelt as Barauda. Even the addresses of the accused persons mentioned in the complaint is of Gujarat and there is no allegation that any demand or torture was committed at the parental home of the complainant situated at Nawada. Ordinarily place of enquiry and trial is held by a court within whose local jurisdiction the offence was committed. Sections 177, 178 and 179 Cr.P.C. deal with the jurisdiction of the criminal courts relating to enquiries and trials.
Manoj Vishwakarma & Ors vs The State Of Bihar & Anr on 12 September, 2017
Shades of Knife
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