SRIMANTHULA SUBRAHMANYAM ACHARI Vs. STATE OF A P

JUDGEMENT

(1.) This revision is filed by the accused in C.C.172 of 2003 on the file of the Special Judicial Magistrate of First Class for trial of Prohibition and Excise Cases, Nellore. They were charged for the offence under Section 498-A I.P.C. During the pendency of the case, the revision petitioners filed Crl.M.P.No.26 of 2005 under Section 177 and 240 Cr.P.C. praying to transfer the case to the proper Court on the ground that the said Court has no territorial jurisdiction to try the case. The learned Magistrate by observing that since the investigation was done by the Mahila Police at Nellore, which has the jurisdiction over the entire District the Court has jurisdiction to entertain the case and to try the same.

(2.) The learned counsel for the petitioner submitted that even though investigation was done by the Women Police,Nellore which has jurisdiction over the entire District the Court which has the territorial jurisdiction over the area where the offence took place is the competent Court to try the offence. Therefore, the lower Court erred in dismissing the application without considering whether the said Court has the territorial jurisdiction to try the offence which took place within the territorial jurisdiction of another Court.

(3.) The learned Additional Public Prosecutor also submitted that it could be appropriate for the Court to examine as to where the offence took place and whether the place of offence comes within the territorial jurisdiction of the said Court and if the place of offence is within the jurisdiction of the lower Court it is competent to try the offence, otherwise, it has to make a proposal to the Session Court to transfer the said case to the Court which has the territorial jurisdiction to try the offence.