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Dharma (Teacher)     09 January 2011

Jurisdiction

I was wrongly accused by someone for making threating phone calls and sending sms over a course of two days. During investigation the investigation officer found that the calls where made from the city ( Chennai) where I live. But the complaint was filed in Delhi as the complainant lives there. The case is in chargesheet stage now. I want to appeal for transfer of case through supreme court . As per cr. pr.c who has the jurisdiction to prosecute the case?

If any one of you have any citiation regarding jurisdiction over threatening phone calls, it would be highly appreciated. Thanks



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 2 Replies

Dharma (Teacher)     09 January 2011

I just want to add to my previous message that the person was in Delhi when he alleges that he received threatening phone calls and sms from me.

N.K.Assumi (Advocate)     09 January 2011

Such issues reminds me of the memorable words of a great Judge who once state: " We realize that attempting to apply..... law in the fast- developing world of the Internet is somewhat like trying to board a moving bus. __ Judge Van Graafieland in Bensusan Restaurant Corporation Vs King: Jurisdiction simply put means the authority of the court to hear and resolve a dispute, it does not decide the liability. With the development of information and technology the present legal environment is such that there are no geographical boundaries. Since you are speaking of Criminal action for threatening phone calls and sms refer to section 177 &179 of the CrPc which speaks about : "..... the offence to be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued. Correct me if I am wrong.


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