Jurisdiction

Dilshad M. Merchant (Querist) 23 January 2016 This query is : Resolved
Dear Sir,
I have a case going on at Thane court u/s.420, 34.
I m accused in this case. On next date cross examination has to be done.
I want to know if there is any provision in law in this case in which accuse can ask or file application for change of jurisdiction ?
Plz guide me.
Thanking you,
Yours sincerely,
D. M. Merchant.

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J K Agrawal (Expert) 24 January 2016
Change of Jurisdiction is possible but you should some solid ground that you may face injustice if your case is proceeded in present case. The ground with you should be worth gold sterling.

Rajendra K Goyal (Expert) 24 January 2016
Why you want to change the jurisdiction?

P. Venu (Expert) 24 January 2016
Why you want the trial in a different place?

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 January 2016
Jurisdiction of a trial is a basic objection in a criminal trial, it will derail the whole process.

If allowed the complainant will have to start every thing a fresh at a new place.

If not allowed you can go to higher courts and agitate on this point alone keeping the main trial in abeyance.

Dilshad M. Merchant (Querist) 24 January 2016
My next date is 18 Feb.2016.
Should I file before that or on same date ?
Should I file in same Court (10th JMFC) or in session ?
Plz guide.

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 January 2016
You have to file in the same court but it has to be well reasoned and must be supported by recent higher court citations and strong arguments by your advocate otherwise it may be rejected due to objections of other side.

Be ready to go to revision in Sessions court if rejected . Here again the revision must have proper legal points and support of recent citations otherwise it gets rejected on admission stage.

But if stakes are higher be ready to go to HC or even SC and you will make a new case law which will even help and guide others under similar problems.