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2025 Supreme(Online)(Ker) 16230

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
JYOTHISH P.S. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SHRI.NIRMAL.S, SMT.VEENA HARI, SHRI.T.R.HARIKUMAR, SRI.ADITHYA RAJEEV, SMT PUSHPALATHA M.K., SR PP

O R D E R

The petitioner is the accused in C.C.No.826/2020 on the files of the Judicial First Class Magistrate Court, Kunnamangalam, Kozhikode, a case relating to the commission of offence under Section 498A of the Indian Penal Code, 1860 .

2. The allegation is that the petitioner, who had married the defacto complainant on 25.08.2016, has been subjecting her to physical and mental cruelty. It is also alleged that the gold ornaments belonging to the defacto complainant were squandered by the petitioner. After completion of the investigation, the Sub Inspector of Police, Medical College Police Station, Kozhikode, filed the Final Report before the jurisdictional court.

3. In the present petition, the petitioner would contend that the Judicial First Class Magistrate Court, Kozhikode, is having no jurisdiction to entertain a complaint relating to the matrimonial cruelty perpetrated by the petitioner in places, outside the jurisdiction of the said court. Another contention of the petitioner is that the offence under Section 498A IPC , is not attracted from the allegations levelled against him.

4. Heard the learned counsel for the petitioner, leared counsel for the 2nd respondent/defacto

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