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Andhra High Court · body

2010 DIGILAW 722 (AP)

Md. Abdul Hakeem v. State of A. P.

2010-08-05

A.GOPAL REDDY

body2010
ORDER The petitioners who are arrayed as A-2 to A-5 in C.C.No.133/2005 on the file of Judicial First Class Magistrate, Giddalur filed this petition under Section 482 Cr.P.C. to quash the proceedings initiated against them. 2. The complaint allegations would clearly disclose that the marriage of the second respondent, who is the complainant, with A-1, son of petitioner No.1/A-2 and brother of petitioners 2 to 4/A-3 to A-5 was performed on 29-5-1994 in Giddalur as per the Muslim caste customs; that after marriage, the complainant led her marital life with A-1 at her in-law's house i.e., at Pedana; that during their wedlock, they were blessed with three children; that after third issue, A-1, at the instigation of A-2 to A-5, started harassing the complainant; that A-1 placed the hot iron box on the body of the complainant and caused burn injuries to her; that during March, 2001, all the accused tortured the complainant, both physically and mentally, demanding more dowry; that A-1 brought the complainant and her children to her parents house and dropped her there and took away Rs. 25,000/- to start STD booth; that during April, 2003, since there was no response from the accused, the complainant, L.Ws. 2 and 3 went to Pedana but the accused refused to allow the complainant to reside with them; that in spite of caste, elders intervention, they paid deaf ear and suspected the fidelity of the complainant; that L.Ws. 4 to 6 admonished the accused and thereupon the accused allowed the complainant to reside with, them; that again the accused harassed her and demanded more dowry and that A-I brought the complainant to Giddalur, at the instigation of A-2 to A-5, and left her at her parents' house. 3. From the entire allegations leveled against the petitioners and another, it is clear that entire acts alleged have taken place at Pedana in Krishna District and nothing has taken place at Giddalur, Prakasham District. 4. 3. From the entire allegations leveled against the petitioners and another, it is clear that entire acts alleged have taken place at Pedana in Krishna District and nothing has taken place at Giddalur, Prakasham District. 4. In view of the law declared by the Supreme Court in Y. Abraham Ajith v. Inspector of Police (1) 2004 (2) ALT (Crl.) 253 (SC) = (2004) 8 SCC 100 , wherein it was held that when the dowry harassment is alleged at a place, the Court at that place alone will have jurisdiction to try the offence and police within whose jurisdiction the commission of offence has taken place, alone will have the jurisdiction to investigate into the matter, the proceedings initiated against the petitioners/A-2 to A5 for the offence under Section 498- A IPC in CC N o. 133/2005 on the file of Judicial First Class Magistrate, Giddaluru cannot be continued and they are liable to be quashed since entire acts alleged to have taken place at Pedana, which is within the District of Krishna, and nothing has taken place at Giddalur where criminal proceedings are initiated against the petitioners. 5. The Criminal Petition is accordingly allowed.