IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH WEDNESDAAY THE TWENTYTHIRD DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 6836 OF 2012 Between:
Alla Laxminarayana … Petitioner/Accused V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of A.P.
Hyderabad & Anr. … Respondents/Complainant Counsel for Petitioner : Sri Akurathi Ramakrishna Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 6836 OF 2012 O R D E R:
This Criminal Petition is filed to quash proceedings in CC.No. 292 of 2012 on the file of Judicial Magistrate of First Class, Bhadrachalam, Khammam district, for alleged offences under section 498-A of IPC and section 3 and 4 of Dowry Prohibition Act.
2. Heard both sides.
3. Advocate for petitioner submitted that all the allegations are in respect of incidents at Hyderabad and no single incident happened at Bhadrachalam, therefore, the Court at Bhadrachalam has no territorial juriseiction and Bhadrachalam Police have no jurisdiction to investigate the same. He submitted that since last eight years, there is no marital relationship between the petitioner and second respondent. He submitted that there is no prima facie material for the alleged offence charged against the petitioner.
4. I have perused the material papers filed alongwith this criminal petition.
5. As seen from the charge sheet, Police after due investigation filed charge sheet by deleting the names of other accused i.e., A-2 and A-3. Though FIR is registered against three persons, after full fledged investigation Police found prima facie material against the petitioner only. Police examined three witnesses besides the defacto complainant.
6. As seen from the material papers, the marriage was at Bhadrachalam and there is allegation of payment of dowry at the time of marriage. Therefore part of cause of action for the offence is at Bhadrachalam, therefore, the objection with regard to jurisdiction is not tenable and that there are no grounds to quash proceedings in CC.No. 292 of 2012 on the file of Judicial Magistrate of First Class, Bhadrachalam. However, since CC.No. 292 is of the year 2012, I feel that the court below be directed to dispose of CC.No. 292 of 2012 within stipulated time.
7. For the above reasons, this Criminal Petition is dismissed directing the court below to dispose of CC.No. 292 of 2010 as expeditiously as possible, preferably within a period of one year from the date of receipt of copy of this order.
JUSTICE S. RAVI KUMAR .
23/7/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 6836 OF 2012 Circulation No. Date: 23 /07/2014 Court Master : I s L Computer No. 43