THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.2411 of 2012
Date:17.06.2014
Between:
Shaik Meera Khasim and others.
. Petitioners.
AND The States of Telangana and Andhra Pradesh rep by its’ Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana & the State of Andhra Pradesh and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.2411 of 2012
ORDER:
This petition is filed to quash First Information Report in Crime No.236/2011 of Kankipadu Police Station, Krishna District for alleged offences under Sections 498-A & 323 IPC.
2. Heard both sides.
3. The main ground on which, First Information Report is challenged that the police have no territorial jurisdiction since the entire allegations in the complaint or in respect of incident that took place at Bangalore. Learned Advocate for petitioner submitted that registering the crime by Kankipadu Police for the incident alleged to have been happened at Bangalore is not correct, therefore, the same has to be quashed.
4. The learned Public Prosecutor submitted that police so far examined six witnesses and the investigation is under progress.
5. I have perused the material papers. A plain reading of complaint, dated 12-09-2011, disclose that the alleged harassment and incident was at Bangalore. No single incident or instance is alleged to have been taken place, within the jurisdiction of Kankipadu Police Station, but the proceedings cannot be quashed on that ground and if the crime is registered in a wrong police station, that has to be transmitted to the police station having jurisdiction for investigation to cull out truth. Considering the facts of the case and nature of allegations, I feel that directing the Kankipadu Police to transmit the F.I.R to the concerned Police Station in Bangalore, after obtaining necessary orders from competent authority for investigation to enable them to file final report after ascertaining the truth or otherwise of the complaint allegations.
6. With this direction, Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR
Date:17.06.2014 mrb