Gurgaon court - private petition
Kavitha Balan
(Querist) 04 December 2018
This query is : Resolved
I am from TN. I was cheated by my ex bf. He deserted me and cheated in the name of love, misused me. And I had filed an FIR on him and his relatives who are responsible for my issue, in TN lower court through 156(3). The respondant is wealthy in political and has gained police power biased to them. I got transferred to Gurgaon. That came as an added advantage to them and they have quashed the FIR with Madras High court for respondants' relatives only. Since I am transferred I didnt receive any notice, neither police informed me, though I repeatedly kept calling them asking the status of charge sheet. With this they have closed the FIR as MF.
Query:
Since I am transferred, I cannot go back to chennai to reopen this case. As it is already closed, I dont think I can reopen / transfer here as well. Fed up of dragging behind every police station to file CSR then FIR then charge sheet.). Plus since we had affair in TN, (Place of occurance), I want to know
1. Want to file a private complaint on them in Gurgaon COurt without going to police station. WIll my petition be taken or rejected for the above mentioned reasons?
Kavitha Balan
(Querist) 04 December 2018
Query 2: If yes, Under which court I have to apply it?
Vijay Raj Mahajan
(Expert) 05 December 2018
Gurgaon court will not entertain private complaint for cheating that took place outside the district/state of Gurgaon/Haryana on the ground of territorial jurisdiction moreover the accused too is not resident of the district of Gurgaon.
Adv Shailendra Deshpande
(Expert) 05 December 2018
Agree with Expert, Mr. Vijay Raj Mahajan for Query 1. For query no. 2 - You need to apply to TN Court within its jurisdiction the Cause of Action arose.
Kavitha Balan
(Querist) 05 December 2018
Sir, my family is transferred here and we have no means to go back to TN. Kindly advice.
Dr J C Vashista
(Expert) 06 December 2018
What was the order passed by Court in TN while closing your case, show it to a local (TN) lawyer and proceed as advised.
Dr J C Vashista
(Expert) 06 December 2018
What was the order passed by Court in TN while closing your case, show it to a local (TN) lawyer and proceed as advised.
I agree with experts, Gurgaon courts can not assume jurisdiction to entertain and try offence committed in TN.
You can try to get it transferred through Supreme Court.
