THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 1790 OF 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No.183 of 1999 on the file of the Judicial Magistrate of First Class, Tekkali, Srikakulam district, on the ground that no part of cause of action arose within the limits of Judicial Magistrate of First Class Court, Tekkali. 2. Heard both sides. 3. Under Section 177 Cr.P.C., every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. Under Section 178 Cr.P.C., when several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. 4. In the case on hand, police laid charge sheet for offence punishable under Section 498A I.P.C. Unless a part of cause of action arose with reference to the offence within the local limits of the Judicial Magistrate of First Class Court, Tekkali, the said court will not get jurisdiction. As seen from the allegations in the charge sheet, there is no such allegation of cruelty which occurred within the local limits of the said Court. The alleged acts of cruelty had taken place within the jurisdiction of Kharagpur. The competent court at Kharagpur would get jurisdiction to try the case. However, on the ground of that the Judicial Magistrate of First Class Court, Tekkali gets no jurisdiction, the case need not be quashed, when a prima facie case is made out on the allegations in the charge sheet. Therefore, there are no grounds to quash the impugned proceedings. 5. The Criminal Petition is devoid of merit and is, accordingly, dismissed. However, if so advised, the petitioner can move a transfer petition before the Hon’ble Supreme Court of India to transfer the case from Judicial Magistrate of First Class Court, Tekkali to a competent Court at Kharagpur. ---------------- 30.7.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 1790 OF 2009 Date: 30.7.2010 Between: Pyla Sesibushana Rao …Petitioner And Pyla Sobharani & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 1790 OF 2009 30.7.2010