Shaik Silar v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.6629 OF 2018 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners in C.C.No.373 of 2017 pending before the V Additional Judicial First Class Magistrate at Rajamahendravaram, in connection with Crime No.83 of 2016 of Women Police Station, Rajamahendravaram registered for the offences punishable under Sections 498-A and 506 read with 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on various grounds.

The main ground urged in the petition is that the de facto complainant/ second respondent herein received huge amount for purchase of house and gold jewellary and that the first petitioner is residing at Kuwait, whereas the other petitioners are also not residing within the territorial jurisidiction of the Women Police Station, Rajamahendravaram, who in turn conducted investigation and filed charge sheet, hence the Court at Rajamahendravaram has no territorial jurisdiction, since no part of incident occurred within the limits of Rajamahendravaram Judicial Magistrate of First Class and prayed to quash the proceedings. During hearing, learned counsel for the petitioners, while reiterating the grounds urged in the petition, requested this Court to issue a direction to the learned Magistrate to decide whether any incident occurred within the territorial jurisdiction of Rajamahendravaram.

CRLP_6629_2018 MSM, J - 2 - In view of the request made by the counsel for the petitioners, the V Additional Judicial Magistrate of First Class, Rajamahendravaram, is directed to decide the place of trial and whether any offence committed within the territorial jurisdiction of Rajamahendravaram, if not pass an appropriate order, in accordance with law.

With the above direction, the criminal petition is disposed of at the stage of admission.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date:27.06.2018 BV