territorial jurisdiction
sampoorna
(Querist) 18 March 2009
This query is : Resolved
Respected to all,
this is sampoorna, many of you know about my case, my husband is upscanding since four years and a non-bailable warrant is pending on his name on dowry prohibition act in nampally court,from 2005 to till date, where as my in laws are coming to the court and giving attendance,
i had given the complaint to women police station begeumpet,in the year of 2005 because i live in hyderabad the police after investigation they have filed charge sheet in the nampally court on cc no 473, my father-in-law went to high court to quash the fir, in the year of 2005 but the honerabel high court had dismissed the case, after vacating the stay my in-laws are coming to the lower court, now gain my father-in-law had given the petition to the high court asking to quash the 498 case in the lower court. which is pending on cc no 473,stating that,i am living in hyderabad, and my in-laws stay in warangel, and the offence took place in warengel, so, the courts in hyderabad had no territorial jursdiction to entertain the case.
i request you all to pls clear my query, since i am in hyderabad i had given a complaint to my near police station, and my marriage took place in the year of 2003 in hyderabad,is there any such rule passed that the compliant should be given at the place of offence,do nampally court had no right to run the case?, will high court will quash the case in the napally court based on this?
pls tell me...
thanking you,
sampoorna
sampoorna
(Querist) 18 March 2009
pls refer this statement
that is the HON'ble Apex court, the court in whose jurisdiction the offence is taken place is only having jurisdiction,
will it applicabel to my case
adv. rajeev ( rajoo )
(Expert) 19 March 2009
Hyderabad court has got jurisdiction to try ur case, because in some times because of threat a lady cannot file a complaint where the offence is taken place, urs is such a case u couldn't file a complaint at nampally.
Guest
(Expert) 19 March 2009
Court had jurisdiction to try the case where the offence or crime had committed.
SANJAY DIXIT
(Expert) 19 March 2009
It is clear in law that the case should be tried at the place where the cause of action accured.
In your case I can't give any opinion without seeing the averments made in the FIR.
A. A. JOSE
(Expert) 20 March 2009
I agree with above views.
