K RAMAKRISHNA REDDY Vs. K PADMAVATHI

JUDGEMENT

(1.) A common question.-Whether a criminal proceeding in which a particular offence was taken cognizance by a Judicial Magistrate of I Class, who has power under the Code of Criminal Procedure to take cognizance of that offence, can be quashed on the ground that he lacks territorial jurisdiction to try the same?arises for consideration in these two Criminal Petitions filed under Section 482, Cr.P.C. Hence, they are being disposed of by this common order.

(2.) Criminal Petition No. 669 of 2001 is filed by all the accused in Calendar Case No. 1089 of 2000 pending on the file of the Judicial Magistrate of I Class, Jammalamadugu, Cuddapah District. They are facing trial for an offence punishable under Sections 494, 109 r/w 34 IPC. The wife of the 1st petitioner herein is the de-facto complainant in the said case, who is figuring as 1st respondent in the present petition.

(3.) The main ground on which the proceedings are sought to be quashed is that the Court of the Judicial Magistrate of I Class, Jammalamadugu, who has taken cognizance of the offence, has no territorial jurisdiction to try the same, which was alleged to have been committed at Viduraswartham, Goribidulur taluk, Kolar District, Karnataka State.