DEVALLA VENKATESHWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case has been filed challenging the order of the learned Sessions Judge, Mahila Court, Vijayavvada dated 1-2-1999 in Crl. MP No.21/99 in SC 136 of 1997. The petitioner herein has filed the said Crl. MP No.21/99 for discharging the petitioner-accused on the ground that the said Court had no jurisdiction to try the offences alleged against the petitioner. A charge-sheet made available by the learned Public Prosecutor during the course of hearing discloses that the petitioner herein has been charged for offences punishable under Sections 354 and 363 of Indian Penal Code. The learned Sessions Judge, Mahila Court dismissed the petitioner holding that it had jurisdiction to try those offences in the facts and circumstances of the case. The said order is now challenged in this Revision.

(2.) The case of the prosecution against the accused-petitioner as revealed by the charge-sheet filed could be stated briefly as follows:

(3.) Learned Counsel for the petitioner contends that on the basis of facts enumerated above, the Sessions Court at Vijayawada has no jurisdiction to try the offence under Sections 354 and 363 IPC with which the petitioner is charged, having regard to the provisions under Sections 180 and 181 of the Code of Criminal Procedure. It may, however, be noted that in Crl. MP No.21/99 it is stated that the petitioner is charged with offences punishable under Sections 363,362 and 366 IPC, but the charge-sheet discloses that the offences alleged against the petitioner are only in respect of Sections 354 and 363 IPC.