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Judgment
R.R. Prasad
Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite parties. Learned counsel appearing for the petitioner submits that this application is directed against the order dated 16.03.2011, passed in Complaint Case No. 1583 of 2010, by the learned Judicial Magistrate, 1st Class, Dhanbad, whereby and whereunder, cognizance of the offence has been taken under Sections 498A /34 of the Indian Penal Code against the petitioners.
The order taking cognizance is being sought to be quashed on the ground that on similar allegation one F.I.R. was lodged at Giridih which was registered as Giridih (M) P.S. Case No. 244 of 2010 (G.R. No. 1893 of 2010) u/s 498A of the I.P.C. and 3 /4 of the Dowry Prohibition Act in which cognizance of the offence has also been taken u/s 498A of the I.P.C. and Section 3 /4 of the Dowry Prohibition Act.
It be stated that there has been no statutory bar in lodging the First Information Report and also the complaint with respect to same offence, and, therefore, the ground which has been taken for quashing of the order taking cognizance never seems to be tenable.
However, it be recorded that two courts of different Sessions /Divisions have taken cognizance of the same offence and, therefore, both the cases needs to be tried at one place.
Therefore, by exercising power as enshrined u/s 186 of the Cr.P.C., the case lodged at Giridih as Giridih (M) P.S. Case No. 244 of 2010 (G.R. No. 1893 of 2010), is ordered to be transferred to a competent court at Dhanbad so that both the cases be tried together by the same court. Accordingly, this application stands disposed of,.