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Judgment
R.R. Prasad
Learned counsel appearing for the petitioner submits that cause of action constituting offence either u/s 304B or 498A of the Indian Penal Code never accrued at Dhanbad where the complaint was lodged rather all the overt acts constituting those offences are said to have been committed at the place falling within the State of West Bengal, but instead of lodging the case at West Bengal, the same has been lodged at Dhanbad and thereby, the court committed illegality in taking cognizance of the offence against the petitioner. In view of the submission made, here-in-above, let notice be issued to opposite party No. 2 to show cause as to why this application be not admitted and/or if possible be disposed of, at the stage of admission itself, for which requisites etc., under the Registered post must be filed, within a week.
Until further order, further proceeding of Complaint Case No. 88 of 2010, pending in the court of learned Smt. Veena Mishra, Judicial Magistrate, 1st Class, Dhanbad or its successor court shall remain stayed.