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since 1985 practicing as advocate in both civil & criminal laws

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Sunday, October 31, 2010

dowry harassment place of resident - territorial jurisdiction

after the marriage, the parents of wife, came to Andhra Pradesh and settled. after one year of the marriage, she was forced to come out of the matrimonial house by the husband from Uatter Pradesh. all the allegations said to be occurred were happens in the U.P. state but not at A.P. where she is now residing , unless the case falls under sec. 178 Cr.P.C. JURISDICTION OF THE CRIMINAL COURTS IN

INQUIRIES AND TRIALS

177. Ordinary place of inquiry and trial.— Every offence shall ordinary be inquired into and tried by a Court within whose local jurisdiction it was committed.

178. Place of inquiry or trial.— (a) When it is uncertain in which of several local areas an offence was committed, or

(b) Where an offence is committed partly in one local area and party in another, or

(c) Where an offence is a continuing one, and continues to be committed in more local area has one, or

(d) Where it consists of several acts done in different local areas, It may be inquired to or tried by a Court having jurisdiction over any of such local areas. the court at sangareddy , would got jurisdiction. since there is no pleadings as per sec.178, the sangareddy court has no territorial jurisdiction. ---2009 [2] ALD Cri. A.P. 349.