Home > 498A Judgements > Lack of territorial jurisdiction of the Court is no ground for quashing 498A IPC

Lack of territorial jurisdiction of the Court is no ground for quashing 498A IPC

HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU

CRIMINAL PETITION No.4852 of 2010

ORAL ORDER :

          The petitioner is accused of offences punishable under Section 498-A I.P.C. and Sections 4 and 5 of the Dowry Prohibition Act in C.C.No.452 of 2009 on the file of                  I Additional Judicial Magistrate of the First Class, Narasaraopet, Guntur District. The Narasaraopet Town Police registered report of the 2nd respondent/defacto complainant as case in Crime No.257 of 2009, investigated into the same and filed charge sheet in the lower Court against the petitioner.

          2. The only point urged by the petitioner’s counsel in this petition is that the alleged offences took place at Pamulapadu Village within the limits of Tadikonda Police Station and within the territorial limits of Judicial Magistrate of the First Class, Mangalagiri and that no part of cause of action for the offences took place at Narasaraopet and that Narasaraopet Court has no territorial jurisdiction to try this case.

          3. The plea of lack of territorial jurisdiction of the Court is no ground for quashing the criminal case pending in that Court. It is not as if the lower Court lacks inherent jurisdiction to entertain the case. In case the petitioner feels that the lower Court has no territorial jurisdiction to entertain the case, then it is open to the petitioner to approach the appropriate Court for transfer of the case from Narasaraopet Court to Mangalagiri Court. Since both Narasaraopet and Mangalagiri are within the same Sessions Division of Guntur, it is open to the petitioner to approach the Sessions Court, Guntur, for transferring the case to the Court having territorial jurisdiction. In case the petitioner is going to file such petition before the Sessions Court at Guntur, it is open to that Court to dispose of the transfer petition on merits having regard to all the circumstances of the case and without being carried away with any observations made in this order.

          4. Subject to the above observations, the petition is dismissed.

                           _________________________________________

                           JUSTICE SAMUDRALA GOVINDARAJULU

10.06.2010.

Msr

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