[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.8749 OF 2012 Dated 16-7-2014 Between:
Yelamanchali Deepak and others.
..Petitioners.
And:
State of A.P., represented by its Public Prosecutor, High Court of A.P., Hyderabad and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.8749 OF 2012 ORDER:
This petition is filed to quash C.C.No.482 of 2010 on the file of Judicial First Class Magistrate, Kodada, Nalgonda District for alleged offences under Sections 498-A I.P.C. and sections 3 and 4 of Dowry Prohibition Act.
Heard both sides.
The main ground urged on behalf of the petitioners who are A.1 to A.3 in the above referred C.C. is that the court at Kodada has no territorial jurisdiction since the entire episode of harassment alleged against the petitioner happened at Visakhapatnam.
De facto complainant lodged F.I.R. with Kodada Police and after completion of investigation and examining witnesses, they filed charge sheet before the Judicial First Class Magistrate, Kodada. According to both sides, the case is pending but the stage of the case is not known.
Advocate for petitioners submitted that trial has not commenced.
Petitioners are residents of Visakhapatnam whereas de facto complainant is now at Kodada at her parents house. Considering the facts of the case, relationship between the parties and nature of allegation, I feel instead of deciding the jurisdiction aspect, this petition can be disposed of directing the court below to proceed with trial giving liberty to petitioners to raise these objections also before the trial court and dispose of it within a stipulated time by dispensing with the presence of the petitioners for each and every adjournment in view of the fact that they have to come from Visakhapatnam to Kodada.
For these reasons, this Criminal Petition is disposed of directing the court below to dispose of C.C. No.482 of 2010 on the file of Judicial First Class Magistrate, Kodada, Nalgonda District as expeditiously as possible preferably within six months from the date of receipt of a copy of this order and to dispense with the presence of petitioners for each and every adjournment, however, petitioners shall appear as and when directed or if the trial court feels that their physical presence is necessary for any specific purpose. Petitioners are at liberty to urge all these grounds before trial court and learned Magistrate shall consider them without being influenced by disposal of this petition.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 16-7-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.8749 OF 2012 Dated 16-7-2014