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RAO   08 July 2019

Jurisdiction of the court in criminal case

Dear Sir,

I worked in a Company having registered office in Hyderabad in Telangana. The company is having a factory in Vijayawada in Andhra Pradesh.  The Complaintant is also from Hyderabad. The Company with a malfied intention to harass,  filed a criminal case against me and some others who worked in Vijayawada U/S  420, 408, 471, 467 477(A). I got anticipatory bail. The Police filed the  charge sheet.

My question is that whether the case is maintanable on the basis of Jurisidiction, as I worked in Hyderabad and the complainant is also from Hyderabad and the case was registered in Vijayawada. What are the options before me. Can I file for quashing the charge sheet. What are the 

Please advise in details.

Rao

 

 



Learning

 5 Replies

Vandana Bhola   08 July 2019

FOr best legal advise contact us on our details.. www.lexpanacea.com

TGK REDDI   08 July 2019

It mainly depends upon the places of occurrence of the offences they accused you of.

P. Venu (Advocate)     08 July 2019

Where did the crime allegedly occur?

G.L.N. Prasad (Retired employee.)     08 July 2019

If you have already obtained anticipatory bail and conducting a factory at Vijayawada and Hyderabad, it means you are being assisted by local advocates.  The first question by Police before registering the case is whether the crime has occurred in the jurisdiction or not.  Remember the recent case in which a Big businessman was murdered at Hyderabad, Telangana State, and his dead body was dumped in Andhra Pradesh to show it as Road accident and close the crime, and as the murder has taken place at Hyderabad, the case was registered in Hyderabad only.  There are many such instances in both AP and Telangana.  In the recent case of UIDAI DATA HACKING at AP, the office was at Hyderabad, Telangana and the crime was registered in Telangana.   Residences of the parties are not considered, exact place of crime is important.   Police may not act foolishly in the matter of filing charge sheet as the first precaution is to record the place of the offense.

RAO   08 July 2019

Thank you Venu garu,  The allegations that were made on me were taken palce in Hyderabad.  But the FIR was registered in Vijayawada in the above case.  Now Please clarify my doubt in the abvoe case.

 

Thanking you,

Rao


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