IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1447 of 2008
Tasiran Bibi.............. Petitioner
Versus
State of Jharkhand & Ors.............. Opp. Parties
......
Coram: Hon'ble Mr. Justice R.K.Merathia
......
For the Petitioner : Mr. I.S.Gupta, Advocate
For the Opp. Parties : Mr. A.P.P.
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Order No. 4 September 2011
Dated the 17th
This petition was filed for quashing of the order dated
22/04/2008
, passed by the 5th Additional Sessions Judge, F.T.C.,
Dumka,in Cr. Revision No. 10/2008, by which the order dated 03/12/2007
taking cognizance under Sections 323, 498 A, 494 IPC in P.C.R. Case No.
117/2007, has been set aside.
The learned Sessions Judge has rightly held as follows:
“On the basis of material on record, and also on the basis of
case laws discussed above I find that the learned Judicial
Magistrate, Dumka has no jurisdiction to proceed with
P.C.R. Case No. 117/07 and in the result, I find that the
learned court below has committed error in passing the
order dated 3.12.07 for issuance of summon against the
accused U/s 498 A, 323/34 of the I.P.C. because he has no
jurisdiction to try the case as per facts and circumstance of
this case and as per case laws discussed above. In the
result, the learned Magistrate is directed to pass
appropriate order in accordance with law U/s 201 of the Cr.
P.C. In the result, the order passed by the learned
Magistrate on 3.12.07 is hereby set aside and the revision is
allowed.”
No grounds have been made out for any interference with the
impugned order. Accordingly, this petition is dismissed.
(R.K.Merathia, J)
Mukund/