THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.5677 of 2009 BETWEEEN: 1. Mohd.Khader Moinuddin, S/o.Gulamuddin & 3 others. … Petitioners/Accused 1 to 4 AND 1. State of A.P. thorugh S.H.O, & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5677 of 2009 ORDER: The petitioners 1 to 4/A1 to A4 are accused of offences punishable under Sections 498(A), 323, 506 I.P.C. in CC.No.288 of 2008 on the file of I Additional Judicial Magistrate of the First Class, Tenali. 2. The second paragraph of the charge sheet reads as follows: “The offence took place at Ashoknagar of Hyderabad which is within the local limits of Chikkadapalli P.S. of Hyderabad and within the jurisdiction of Hon’ble IX Chief Metropolitan Magistrate, Chikkadapalli.” 3. Even as per the prosecution case, no part of the cause of action for the above offences took place within the jurisdiction of the lower Court at Tenali. It appears that the Police filed the charge sheet after investigation because, it was a Court referred private complaint. Simply because a private complaint is referred by a Magistrate to the Police for investigation under Section 156(3) Cr.P.C., the said fact cannot clothe the Police with jurisdiction to file charge sheet before that Court in case no part of cause of action arose within the jurisdiction of that Court. Even after perusal of the private complaint filed by the 2nd respondent before the Police, there is no doubt of the fact that the entire transactions resulting the offence took place at Hyderabad only and not at Tenali or within the jurisdiction of the Tenali Court. Therefore, prosecution of the petitioners at Tenali is abuse of process of law. 4. In the result, the Criminal petition is allowed quashing proceedings in CC.No.288 of 2008 on the file of I Additional Judicial magistrate of the First Class, Tenali; and directing the lower Court to return the complaint to the 2nd respondent/defacto complainant so that she can pursue her remedies in proper Court having territorial jurisdiction to entertain the same, in case she so chooses. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.5677 of 2009 DATED: 28.02.2011 ysk