THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.5107 of 2009 BETWEEEN: 1. Smt. Yeleti Surya @ Surya Kumari & another. … Petitioners AND 1. The State of A.P. & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5107 of 2009 ORDER: The petitioners 1 and 2/A2 and A3 who are sister-in-law and father-in-law of the 2nd respondent/de facto complainant are accused of offence punishable under Section 498-A I.P.C. in CC.No.100 of 2009 on the file of Principal Judicial Magistrate of the First Class, Bhimavaram, West Godavari District. The only contention raised by the petitioners’ counsel based on MANISH RATAN Vs. STATE OF M.P.[1] of the Supreme Court is that having regard to the allegations made by the de facto complainant either in her report to the Police or in her statement to the Police during investigation, the entire allegations of cruelty took place in Girinagar Colony opp. to IDPL colony, Hyderabad and that no part of cause of action took place within the jurisdiction of the lower Court at Bhimavaram. A1, who is husband of the 2nd respondent, is not impleaded as a party to this petition either as a petitioner or as a respondent. In case the Court at Bhimavaram has no territorial jurisdiction to entertain the case, then the relevant Court at Hyderabad or in Ranga Reddy District has got territorial jurisdiction to entertain the same. In that view of the matter, this is not a case to relieve the petitioners 1 and 2/A2 and A3 from the case by quashing the proceedings before the lower Court. Since both the Courts at Bhimavaram or in Hyderabad or in Ranga Reddy District are within the jurisdiction of this Court, the proper remedy is to transfer the case from Bhimavaram to the Court having jurisdiction at Hyderabad or Ranga Reddy District. Since A1 is not a party to this petition, the said exercise cannot be undertaken by this Court in this petition. 2. Therefore, the petition is dismissed giving liberty to the petitioners to approach this Court with appropriate petition for transfer of the case from Bhimavaram to the Court having territorial jurisdiction, by impleading all the necessary parties. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5107 of 2009 DATED: 28.03.2011 ysk [1] (2007) 1 Supreme Court Cases 262