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2018 Supreme(Online)(Tel) 2947

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Sri A. Shankar Narayana, J
Ajay P. Mathew P.Mathew Ajay – Appellant
Versus
The State of Telangana – Respondent


Advocates:
For the Appellants/Petitioners: Sri I. Gopal Reddy
For the Respondents: Mrs. S. Nanda

JUDGMENT

The petitioner is the 1st accused in C.C. No.568 of 2010 on the file of XIII-Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad. He filed Criminal M.P.No.66 of 2017 in the aforesaid Calendar Case under Section 177 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’), questioning the territorial jurisdiction of the said Court, who tried the Calendar Case, in which an offence punishable under Section 498-A of Indian Penal Code, 1860 (I.P.C.) was alleged against the petitioner, incidentally, disposed of the petition observing that the Court has no jurisdiction to try the case ordering that the complaint shall be returned to the respondent and directed to file in appropriate court to be dealt with in accordance with law.

2. His plea was that he never married her (de facto complainant) and false allegations have been alleged against him. His main plea is that even if allegations are taken together, the said Court has no jurisdiction to try the offence. The learned XIII-Additional Chief Metropolitan Magistrate, Hyderabad, accepted the request and returned the complaint to the respondent–State by passing an elaborate order dated 17.1.2017.

3. Aggrieved o

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