HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4885 OF 2010 DATE:10.06.2010 Between: K. Giribabu and 4 others …….Petitioners And: State of AP., rep. by PP and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4885 OF 2010 ORDER: The petitioners 1 to 3/A-1 to A-3 are accused of offences punishable under Sections 498-A, 420 IPC in Crime No.189 of 2010 of Ibrahimpatnam Police Station of Vijayawada city. Marriage of the 2nd respondent/defacto-complainant with A-1 took place on 04.06.2009 at Vykunthapuram of Tenali of Guntur District. She joined A-1 at Krishna Nagar, Guntur. She lived with her husband for few days. A-2 and A-3 are parents of A-1 and they reside in the same house along with A-1. It is alleged that after spending some time with the 2nd respondent in Guntupalli, A-1 left for Punjab in July, 2009 and that as her parents refused to transfer their house in his name, A-1 refused to take her along with him. It is further alleged that two panchayats were held and in both the panchyats, the accused demanded to register her mother’s property in the name of A-1. It is the 2nd respondent’s further case in the report that with a view to show proprietary status to A-1, the accused got house property fraudulently transferred in A-1’s name on 28.02.2008 from his senior paternal uncle and the same was cancelled on 01.02.2010. It is further alleged by the 2nd respondent that when she joined A-1 after marriage, A-1 to A-3 took her gold ornaments worth Rs.3,00,000/- and cash of Rs.2,00,000/- given to her at the time of her marriage towards Pasupukumkuma by her parents promising to kept the ornaments in safe custody in bank locker and to improve the said amount of Rs.2,00,000/- for her benefit. Inspite of it, the police did not register the case for offence punishable under Section 406 IPC. Placing reliance on Harmanpreet Singh Ahluwalia v. State of Punjab[1] of the Supreme Court, it is contended by the petitioners’ counsel that as per para Nos.30 and 31 therein, if there are special remedies available under special enactments, the police cannot resort to register the crime under general enactments. The Supreme Court stated that if it is a case of dowry, then Sections 3 and 4 of the Dowry Prohibition Act applies and not offences under the IPC. In the case on hand, the allegation is not payment of dowry by parents of the 2nd respondent to A-1 to A-3. It is her case that her parents gave her gold ornaments worth of Rs.3,00,000/- and cash of Rs.2,00,000/- towards her Pasupukumkuma and that she entrusted the same to A-1 to A-3 at their request for the purpose of safe custody and improvement. So the above reported decision of the Supreme Court has no application to allegations in this case. On reading of report given by the 2nd respondent to the police, extracts of which are narrated above, it discloses on its face value, the offences for which FIR was issued by the police. Truth or otherwise of the said allegations is a question of fact which this Court cannot decide in this petition under Section 482 Cr.P.C. It is contended by the petitioners’ counsel that no part of the cause of action for this crime took place within limits of Ibrahimpatnam police station in Krishna District and that even as per allegations in the report, the cause of action took place at Guntupalli or at Krishna Nagar of Guntur and that therefore registration of this case by Ibrahimpatnam police is not warranted. Lack of territorial jurisdiction is no ground for quashing of FIR under Section 482 Cr.P.C. At best, it may be a ground for transfer of this crime to another police station having territorial jurisdiction. In case the investigating officer comes to the conclusion that no part of cause of action took place within his limits, then it is open to the investigating officer to transfer this FIR to the police station having territorial jurisdiction to investigate into the same. In the result, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:10.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4885 OF 2010 Date:10.06.2010 Gk. [1] (2009) 7 Supreme Court Cases 712