Heard learned counsel for the applicants, learned A.G.A. for State of U.P., Sri Nadeem Murtaza and Mohd. Afsaar, learned counsel for O.P. No. 2.
The applicant Dr. Zehra Mirza has filed the Criminal Misc. Application No. 857 of 2012 and the applicant Hasan Abbas Mirza has filed the Criminal Misc. Application No. 5528 of 2012. Therefore, both the applications are being disposed of by a common order.
The application has been filed with a prayer to quash the order dated 28.09.2011 passed by learned Judicial Magistrate-II, Lucknow in complaint case No. 4264 of 2009 and to quash the procedings of complaint case No. 4264 of 2009 under section 498-A, 323, 504 IPC and section 3/4 D.P. Act pending in the court of learned Judicial Magistrate-II, Lucknow.
It is contented by learned counsel for the applicants that according to the complaint no cause of action is of Lucknow. In such a circumstance, the court of Lucknow is not competent court to take the cognizance against the applicants, because it was not having the territorial jurisdiction.
In reply of the above contention, it is submitted by learned A.G.A. that earlier the cause of action has been created by the statement of the witness Mehrunisha recorded under section 202 Cr.P.C. According to her statement on a telephone the demand of dowry was made.
In such a circumstance, it is directed that issue of territorial jurisdiction shall be decided by the court concerned.
It is further directed that in case the applicants move an application through their counsel before the learned Magistrate concerned with regard to the territorial jurisdiction within 30 days from today, the same shall be heard and disposed of in accordance with law. Till the disposal of that application no coercive steps shall be taken against the applicants.
With this direction, both the applications are disposed of by a common order.
Order Date :- 2.9.2014/RPD