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Tag: No Territorial Jurisdiction

Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022

Posted on March 12, 2024 by ShadesOfKnife

A single judge of Madhya Pradesh High Court at Gwalior bench held as follows,

From Para 9,

9. Thus, the proceedings under Section 125 of Cr.P.C. may be taken against any person in any district where he or his wife resides or where he last resided with her wife or as the case may be with the mother of the illegitimate child. It is not the case of the respondent no.1 that she resided with the applicant for the last time in Gwalior.Her contention is that Gwalior is her permanent address as her parents are residing there and she occasionally visits her parents and,therefore, the Family Court, Gwalior has a jurisdiction to entertain the application filed under Section 125 of Cr.P.C. The stand taken bythe respondent no.1 cannot be appreciated as the word “resides” cannot be equated with places where flying visits are made. It is not the case of respondent no.1 that at the time of filing of the applicationunder Section 125 of Cr.P.C. she was posted in Gwalior and the Family Court, Gwalior would not lose jurisdiction merely on the ground that subsequently she was transferred, but the case of respondent no.1 is that from the year 2011 onwards she is posted inDelhi. Flying visits to a particular place with a solitary intention to confer jurisdiction would not satisfy the provisions of Section 126 (1)of Cr.P.C.
10. Thus, it is clear that a casual stay or a flying visit to a particular place cannot be treated as a part of the word “reside”.

From Paras 14-15,

14. Thus, it is clear that it is the contention of the respondent no.1 that her daughter is residing with her. Admittedly, respondent no.2, daughter of respondent no.1, is prosecuting her studies in Delhi. Thus, it is clear that both the respondents no.1 and 2 are residing in Delhi where respondent no.1 is serving in Airport Authority of India and is posted as ATC. The respondent no.1 is serving in Delhi from the year 2011. The address which has been shown by them in the cause-title has been given with a solitary intention to give territorial jurisdiction to the Family Court, Gwalior and in fact the Family Court, Gwalior has no territorial jurisdiction to try the application in the light of Section 126 of Cr.P.C.
15. Accordingly, order dated 25/10/2021 passed by the Additional Judge to the Court of Principal Judge, Family Court, Gwalior in case No.234/2019 (new no.367/2021) is hereby set aside. The application filed by the respondents under Section 125 of Cr.P.C. before the Family Court, Gwalior is held to be without jurisdiction. However, liberty is granted to the respondents that if they so desire, they can file an application under Section 125 of Cr.P.C. before the Courts having jurisdiction in the light of Section 126 of Cr.P.C.

Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022

Index of Maintenance cases u/s 125 Cr.P.C. is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Procedure Nirman Sagar Vs Monika Sagar Chaudhari and Anr No Territorial Jurisdiction | Leave a comment

Indian Olympic Association Vs Kerala Olympic Association and Ors on 06 Nov 2020

Posted on November 13, 2020 by ShadesOfKnife

Single-judge bench held that, if a if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer.

From Para 14,

14. Suffice it to say that if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer. I fail to understand the anxiety of the petitioner, to make an irregular proceeding initiated by the first respondent, regular. The decision in Arvee Industries (supra) is no answer to this contention, since this Court did not say in that case that an invalid proceeding, may be validated, at the instance of the opposite party by transferring the same to a court having jurisdiction.

Indian Olympic Association Vs Kerala Olympic Association and Ors on 06 Nov 2020

Citations :

Other Sources :

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Indian Olympic Association Vs Kerala Olympic Association and Ors No Territorial Jurisdiction Transfer Petition Rejected | Leave a comment

Deepak Kumar @ Deepak Saha Vs Hindustan Media Ventrues Ltd and Ors on 06 July 2017

Posted on January 17, 2019 by ShadesOfKnife

This case is regards to the Defamation plaint to be presented to the court of correct territorial jurisdiction.

Deepak Kumar @ Deepak Saha Vs Hindustan Media Ventrues Ltd & Ors on 06 July, 2017

Citations: [

Indiankanoon.org or ILR link:


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Delhi Judgment or Order or Notification | Tagged CrPC 199 - Defamation Deepak Kumar @ Deepak Saha Vs Hindustan Media Ventrues Ltd and Ors IPC 499 - Defamation IPC 500 - Punishment For Defamation No Territorial Jurisdiction Work-In-Progress Article | Leave a comment

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Posted on September 24, 2018 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh held that,

In which it is clearly stated that the police Officer has to question the victim girl, witnesses and contradict the witnesses and record the same. In the present case, the statement of the victim girl is concerned, the investigation officer stated in the charge sheet that he has contacted her and she confirmed the contents of the complaint given by the complainant. This Court is of the view that the Investigating Officer has to confirm the allegations mentioned in the complaint with the aggrieved person. This Court is of the view that the Officer, who is investigating the case, should record the statement as per the above said provisions. The first duty of the Investigating Officer is to find out the probability and truthfulness of her complaint unless otherwise the complainant’s version appraised by the Investigating Officer with the facts and circumstances of the case. Merely recording the statement as stated by the witnesses cannot be called as investigation. Investigation includes examination of the witnesses, confronting the witnesses on the basis of materials collected by the Investigating Officer and also the version of the person who is aggrieved because of the said complaint. Mere reproduction of the complaint without proper examination cannot be called as statement recorded during investigation.

 

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Case Details:

Rajesh Gutta Vs State of A.P. on 1 March, 2011 (Case Details)

Citations: [2011 RCR CRIMINAL 5 452], [2011 CRLJ 3506], [2011 CRIMES 3 236], [2011 DMC 2 655], [2011 SCC ONLINE AP 562], [2011 CRI LJ 3506], [2012 E CR N 1 365]

Other Source links: https://www.casemine.com/judgement/in/5767b10ee691cb22da6d1ec2 or https://mynation.net/docs/4921-2010/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 161 - Examination of Witnesses By Police CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence CrPC 188 - Offence Committed Outside India CrPC 482 – Criminal Proceeding Quashed Delay or Unexplained Delay In Filing Complaint Legal Procedure Explained - Interpretation of Statutes No Territorial Jurisdiction Rajesh Gutta Vs State of A.P. What is Investigation | Leave a comment

Chandralekha Vs State Of Rajasthan & Anr on 14 December, 2012

Posted on September 18, 2018 by ShadesOfKnife

This judgment should have been a reported one for it covers soo many good points to dustbin the complaint of the knife against the family members. Read the tags for more info.

From Para 8,

….

However, after a careful perusal of the FIR and after taking into consideration the attendant circumstances, we are of the opinion that the FIR lodged by respondent 2 insofar as it relates to appellants 1, 2 and 3 deserves to be quashed. The allegations are extremely general in nature. No specific role is attributed to each of the appellants. Respondent 2 has stated that after the marriage, she resided with her husband at Ahmedabad. It is not clear whether appellants 1, 2 and 3 were residing with them at Ahmedabad. The marriage took place on 9/7/2002 and respondent 2 left her matrimonial home on 15/2/2003 i.e. within a period of seven months. Thereafter, respondent 2 took no steps to file any complaint against the appellants. Six years after she left the house, the present FIR is lodged making extremely vague and general allegations against appellants 1, 2 and 3. It is important to remember that appellant 2 is a married sister-in-law. In our opinion, such extra ordinary delay in lodging the FIR raises grave doubt about the truthfulness of allegations made by respondent 2 against appellants 1, 2 and 3, which are, in any case, general in nature. We have no doubt that by making such reckless and vague allegations, respondent 2 has tried to rope them in this case along with her husband. We are of the confirmed opinion that continuation of the criminal proceedings against appellants 1, 2 and 3 pursuant to this FIR is an abuse of process of law. In the interest of justice, therefore, the FIR deserves to be quashed insofar as it relates to appellants 1, 2 and 3.

Chandralekha Vs State Of Rajasthan & Anr on 14 December, 2012

Citations: [2013 BOMCR CRI SC 1 577], [2012 AIOL 2078], [2013 CRLJ SC 3644], [2013 RCR CRIMINAL SC 1 969], [2013 SCC 14 374], [2012 SCC CRI 4 426], [2012 SCC ONLINE SC 1073], [2013 CRILJ 3644], [2013 AD SC 2 565], [2013 AJR 4 643], [2013 DMC SC 1 1], [2012 JT SC 12 390], [2013 RCR CRIMINAL 1 959], [2012 SCALE 12 692], [2013 UC 1 155], [2013 BOMCR CRI 1 577], [2013 CRI LJ 3644]

Other Sources:

https://indiankanoon.org/doc/151787634/

https://www.casemine.com/judgement/in/5609af17e4b014971141594d

https://www.indianemployees.com/judgments/details/chandralekha-and-ors-vs-state-of-rajasthan-anr

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Chandralekha Vs State Of Rajasthan and Anr Delay or Unexplained Delay In Filing Complaint Discourage Roping In All Relatives Of In-Laws Or Distant Relatives No Territorial Jurisdiction Non-Reportable Judgement or Order Not Continuing Offence Willful Desertion By Knife | Leave a comment

G.Ramamoorthy Vs The State Of Karnataka on 31 July, 2017

Posted on September 11, 2018 by ShadesOfKnife

This is the quash judgment from hon’ble high court of Karnataka, relying on Y Abhraham Ajith case, wherein it was held that when all allegations are stated to have happened at Vellore, Tamilnadu, Indiranagar police doesn’t have jurisdiction to file the FIR in Bengaluru, Karnataka.

 

G. Ramamoorthy Vs The State Of Karnataka on 31 July, 2017
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 – IPC 498A Quashed G.Ramamoorthy Vs The State Of Karnataka IPC 498a - Not Made Out No Territorial Jurisdiction | Leave a comment

State vs Mumtaz Ali & Anr on 8 August, 2017

Posted on September 11, 2018 by ShadesOfKnife

This is a short revision order from hon’ble High Court of Rajasthan, wherein it was held that due to limitation restriction, the complaint was time barred and as such Magistrate was right in not taking cognizance of this case. The knife filed 498A case after separating from husband for 10-12 years!!!

And the sweet response from the judge for the assertion that “498A IPC is a continuing offence” was, It is not so.

State Vs Mumtaz Ali & Anr on 8 August, 2017
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged IPC 406 - Not Made Out IPC 498a - Not Made Out No Territorial Jurisdiction Not Continuing Offence State vs Mumtaz Ali and Anr | Leave a comment

City Union Bank Vs Venugopal on 19 March, 2013

Posted on September 3, 2018 by ShadesOfKnife

In this case, hon’ble High Court of Karnataka, has not done quash but ordered the case to be transferred to a different police station, as the original PS has no jurisdiction to investigate the case.

City Union Bank Vs Venugopal on 19 March, 2013
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged City Union Bank Vs Venugopal No Territorial Jurisdiction Transfer of Criminal Case | Leave a comment

Manju Dutta Vs The State & Ors. on 29 January, 2013

Posted on September 1, 2018 by ShadesOfKnife

In this judgment from Hon’ble High Court of Delhi, it was held that if there are no allegations of any offence taking place within the jurisdiction of this Court the falsely instituted IPC 498A/406 case was liable to be quashed.

In addition, it was held that,

At the same time in view of the judgment in Malkiat Singh’s case and further in Bimla Rawal & Ors. Vs. State (NCT of Delhi) & Anr., 2008(1) LRC 391 (Delhi) the challan is returned to the IO so that the same can be presented to the appropriate court in compliance with the provision of Section 170 Cr. P.C.

The cruel begging was rightly given back the ‘katora‘ to beg somewhere else where there is proper jurisdiction.

Manju Dutta Vs The State & Ors. on 29 January, 2013
Posted in High Court of Delhi Judgment or Order or Notification | Tagged CrPC 397/401 - Revision Dismissed Manju Dutta Vs The State and Ors No Territorial Jurisdiction | Leave a comment

Yadwinder Singh & Others vs State Of H.P. & Others on 10 August, 2018

Posted on August 31, 2018 by ShadesOfKnife

A detailed judgment from Hon’ble High Court of Himachal Pradesh, categorically held that police at Nalagarh had no jurisdiction, as has/had been held hereinabove, proceedings if any pending before Courts at Nalagarh cannot be allowed to sustain and thereby the FIR dated 7.10.2014 as well as consequent proceedings are quashed and set aside

And the knife is at liberty to initiate action, if any, against the petitioners, on account of allegations contained in impugned FIR but at Jallandhar(Pb), either by lodging fresh FIR or by pursuing complaint filed by her at Women Cell Jallandhar.

Yadwinder Singh & Others Vs State Of H.P. & Others on 10 August, 2018
Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court No Territorial Jurisdiction Sandeep Pamarati Yadwinder Singh and Others vs State Of H.P. and Others | Leave a comment

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