This quash judgment from Andhra Pradesh High Court, albeit dismissed, has some legal points discussed apart from citing good earlier judgments which clarified the position of law in case of out of jurisdiction cases.
In the present case, the second respondent was driven out from the matrimonial home from Mumbai. The second respondent went to the house of her parents at Tenali. In view of Manish Ratan (2 supra), Tenali Courts do not get territorial jurisdiction merely because the second respondent returned to Tenali. However, in view of Geeta Mehrotra (5 supra), where the Supreme Court held that the question of territorial jurisdiction shall be determined by the trial Court and not in a petition u/s.482Cr.P.C., I consider that this petition is misconceived.
Next Step in Summary
Sivangala Thandi Deepak & Others Vs The State of A.P. on 11 July 2014
File the discharge petition at trial court before charged/issues are filed against the accused.
Judgments cited in this judgment
- Ramesh v. State of T.N
- Manish Ratan v. State of M.P.
- Y. Abraham Ajith v. Inspector of Police, Chennai
- Nadimpalli Lakshmana Varma v. State of A.P.
- Geeta Mehrotra v. State of Uttar Pradesh