TEKUMALLA MUNEIAH Vs. CHITTARI BABUNURI AMMANAMMA

JUDGEMENT

(1.) This is a petition to quash the order dated 21-11-1989 passed in Crl. M.P. No. 2610 of 1989 in C.C. No. 35 of 1987 on the file of the IInd Addl. Judicial First Class Magistrate, Nellore, as confirmed by the Sessions Judge, Nellore, by his order dated 18-1-1990 in Crl. R. P. (C. F. No. 1656/89).

(2.) The petitioners herein challenge the order of the Court below refusing to quash the proceedings on the ground that the trial Court at Nellore has no jurisdiction.

(3.) The facts of the case are : - First respondent herein is the first wife of petitioner No. 1 and as the Ist petitioner married another wife, she filed a complaint in the Court of the IInd Addl. Judicial Magistrate of Ist Class, Nellore under S.494, I.P.C. for bigamy. The only ground raised by the learned Counsel for the petitioners is that the first respondent-wife was residing at Nellore even earlier to the alleged second marriage, and therefore, the Court at Nellore has no jurisdiction as per S. 182(2), Cr.P.C. to decide that contention, it is relevant to refer to Section 182(2), Cr. P.C. which reads as follows : -