THE HONOURABLE SRI JUSTICE A.GOPAL REDDY
Crl.P.No.813 of 2008
Date of Order: 24-06-2010 Between:
P.Shivaji and others and P.VasanthaLakshmi and another ..Petitioners ..Respondents The Court made the following Order:
THE HONOURABLE SRI JUSTICE A.GOPAL REDDY
Crl.P.No.813 of 2008
Oral order:
This petition under Section 482 Cr.P.C. is to quash the proceedings in C.C.No.666 of 2007 on the file of XIII Additional Chief Metropolitan Magistrate, Secunderabad, wherein the petitioners—A1 to A5 have been charged for the offence punishable under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act.
The complaint allegations and the statement of the complainant recorded under Section 161 Cr.P.C. clearly discloses that the marriage of the de-facto complainant with A1 was performed at Vijayawada and after the marriage she joined the company of her husband at H.No.28-23-21, Moulana Veedhi, Arandalpet, Vijayawada where her husband and in-laws harassed her mentally and demanded for additional dowry; A2 to A5 instigated A1 to force the complainant for bringing additional dowry of Rs.2 lakhs and lastly she was necked out from the house while she was pregnant of 3 months; on 21-09-2004 she gave birth to a male child; on informing the same to her in-laws, nobody came to see the child and they are telling that they will not allow her to enter into the house.
Since the complainant is residing at Bowenpally, Secunderabad, she filed the present complaint with the Women Police Station, Begumpet. On which basis the police registered a case in Cr.No.116 of 2006 and investigated into the same and laid the charge sheet for the offences, referred to above.
On filing the charge sheet the Magistrate took the cognizance of the offence.
Heard the learned counsel for the petitioners and learned Additional Public Prosecutor.
Learned counsel for the petitioners contends that since the entire cause of action arose within the jurisdiction of Vijayawada, where the marriage was performed and the complainant resided with her in laws, harassed for additional dowry and necked out from the house, the Court at Secunderabad has no jurisdiction to entertain the case.
In view of the law declared by the Supreme Court in Y.ABRAHAM AJITH v. INSPECTOR OF POLICE, CHENNAI[1], as no cause of action arose within the Women Police Station, Begumpet, the XIII Additional Chief Metropolitan Magistrate, Hyderabad has no jurisdiction to entertain the case and the proceedings are liable to be quashed and accordingly quashed. However, the complainant is at liberty to lodge a compliant within the jurisdictional police station where the alleged offence has taken place.
The Criminal Petition is accordingly allowed.
A.GOPAL REDDY, J.
24-06-2010 Murthy
[1] 2004(2) ALD (Crl.) 491 (SC) = 2004 SCC (Crl.) 2134