Dear All,
I am practicing lawyer by profession and want to seek your kind and able guidance with respect to position with respect to which I am stuck.
There is a case which i am handling wherein a complaint was filed the wife against her husband and in-laws at 'X'. The court in X took cognizance of the matter. During a later stage all the accused were granted regular bail by the Court.
The chargesheet filed by the Investigating Officer after seven years was protested as the Court at X had no territorial jurisdiction. The Court after considering the submissions dropped the proceedings, however granted opportunity to the complaint to file a fresh complaint within the limit of which the cause of action took place.
My question is, if the wife decides to file a fresh complaint with the police station where the cause of action occured, will all the accused have to seek bail all over again or whether the provision of section 462 Cr.P.C. would be applicable?
Secondly, if the wife decides to file the same complaint but with the correct police station/court will all the accused have to seek bail all over again.
Advice in this regard would be highly appreciated. Please also provide case-laws or citation, if any.
