HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3038 OF 2010 Date:31.03.2010 Between: Shabeer M.Nadaf and 4 others …..Petitioners And: Saida Be and another …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3038 OF 2010 ORDER: A-1 to A-4 in C.C.No.412 of 2009 on the file of III Metropolitan Magistrate, Lal Bahadur Nagar, Cyberabad are the petitioners. The said case relates to offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The 1st respondent/defacto-complainant is wife of A-1. A-2 and A-3 are parents of A-1. A-4 is brother of A-1. It is alleged that at the time of marriage in the year 2003, though gold, silver, household articles and cash were given to A-1 to A-3, A-1 to A-4 were harassing the 1st respondent mentally and physically demanding additional dowry of Rs.2,00,000/-, 10 tolas of gold and Ac.2.00 of land. It is contended by the petitioners’ counsel that the petitioners/accused are residents of Karnataka State and that main intention of the 1st respondent is to see that A-1 shifts his residence to Hyderabad where the 1st respondent’s parents are living and to set up separate residence for them at Hyderabad and that the 1st respondent stayed with the accused for only one week in the matrimonial house. The question whether allegations in the report and the prosecution case are true or false, is one of fact which has to be determined by the trial court after both the parties leading evidence during trial. Truth or otherwise of the allegations of the prosecution case and intention with which report was given by the 1st respondent, are matters for trial and assessment of evidence to be let in during trial. This Court while exercising jurisdiction under Section 482 Cr.P.C cannot go into those questions and decide the same herein. There are no merits in this petition. In case there is lack of territorial jurisdiction for the lower Court, then it is a ground for transfer of the case to the Court having territorial jurisdiction and not a case for quashing the same under Section 482 Cr.P.C. Hence, the petition is dismissed ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date: 31.03.2010. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3038 OF 2010 Date:31.03.2010 Gk.